THE MINES ACT, 1952 
—— 
ARRANGEMENT OF SECTIONS 
—— 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

3. Act not to apply in certain cases. 

4. References to time of day. 

CHAPTER II 

INSPECTORS AND CERTIFYING SURGEONS 

5. Chief Inspector and Inspectors. 

6. Functions of Inspectors. 

7. Powers of Inspectors of Mines. 

8. Powers of special officer to enter, measure, etc. 

9. Facilities to be afforded to Inspectors. 

9A. Facilities to be provided for occupational health survey. 

10. Secrecy of information obtained. 

11. Certifying surgeons. 

CHAPTER III 

COMMITTEES 

12. Committees. 

13. Functions of the Committee. 

14. Powers, etc., of the Committees. 

15. Recovery of expenses. 

CHAPTER IV 

MINING OPERATIONS AND MANAGEMENT OF MINES 

16. Notice to be given of mining operations. 

17. Managers. 

18. Duties and responsibilities of owners, agents and managers. 

CHAPTER V 

PROVISIONS AS TO HEALTH AND SAFETY 

19. Drinking water. 

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SECTIONS 

20. Conservancy. 

21. Medical appliances. 

22. Powers of Inspectors when causes of danger not expressly provided against exist or when 

employment of persons is dangerous. 

22A. Power to prohibit employment in certain cases. 

23. Notice to be given of accidents. 

24. Power of Government to appoint Court of inquiry in cases of accidents. 

25. Notice of certain diseases. 

26. Power to direct investigation of causes of disease. 

27. Publication of reports. 

CHAPTER VI 

HOURS AND LIMITATION OF EMPLOYMENT 

28. Weekly day of rest. 

29. Compensatory days of rest. 

30. Hours of work above ground. 

31. Hours of work below ground. 

32. Night shift. 

33. Extra wages for overtime. 

34. Prohibition of employment of certain persons. 

35. Limitation of daily hours of work including overtime work. 

36. Notices regarding hours of work. 

37. Supervising Staff. 

38. Exemption from provisions regarding employment. 

39. Power to make exempting rules. 

40. Employment of persons below eighteen years of age. 

41. [Omitted.]. 

42. [Omitted.]. 

43. Power to require medical examination. 

44. [Omitted.]. 

45. Prohibition of the presence of persons below eighteen years of age in a mine. 

46. Employment of women. 

47. [Omitted.]. 

2 

 
 
SECTIONS 

48. Registers of persons employed. 

CHAPTER VII 

LEAVEWITH WAGES 

49. Application of Chapter. 

50. Leave defined. 

51. Calendar year defined. 

52. Annual leave with wages. 

53. Wages during leave period. 

54. Payment in advance in certain cases. 

55. Mode of recovery of unpaid wages. 

56. Power to exempt mines. 

CHAPTER VIII 

REGULATIONS, RULES AND BYE-LAWS 

57. Power of Central Government to make regulations. 

58. Power of Central Government to make rules. 

59. Prior publication of regulation and rules. 

60. Power to make regulations without previous publication. 

61. Bye-laws. 

61A. Laying of regulations, rules and bye-laws before Parliament. 

62. Posting up of abstracts from Act, regulations, etc. 

CHAPTER IX 

PENALTIES AND PROCEDURE 

63. Obstruction. 

64. Falsification of records, etc. 

65. Use of false certificates of fitness. 

66. Omission to furnish plans, etc. 

67. Contravention of provisions regarding employment of labour. 

68. Penalty for employment of persons below eighteen years of age. 

69. Failure to appoint manager. 

70. Notice of accidents. 

71. Owner, etc., to report to Chief Inspector in certain cases. 

72. Obligation of persons employed in a mine. 

72A. Special Provision for contravention of certain regulations. 

3 

 
SECTIONS 

72B. Special provision for contravention of orders under section 22. 

72C. Special provision for contravention of law with dangerous results. 

73. General provision for disobedience of orders. 

74. Enhanced penalty after previous conviction. 

75. Prosecution of owner, agent or manager. 

76. Determination of owner in certain cases. 

77. Exemption of owner, agent or manager from liability in certain cases. 

78. Power of court to make orders. 

79. Limitation of prosecutions. 

80. Cognizance of offences. 

80A. [Omitted.]. 

81. Reference to Committee in lieu of prosecution in certain cases. 

CHAPTER X 

MISCELLANEOUS 

82. Decision of question whether a mine is under this Act. 

83. Power to exempt from operation of Act, regulations, etc., 

84. Power to alter or rescind orders. 

85. Application of Act to mines belonging to Government. 

85A. Persons required to give notice, etc., legally bound to do so. 

85B. Signing of returns, notices, etc. 

 85C. No fee or charge to be realised for facilities and conveniences. 

86. Application of certain provisions of Act 63 of 1948 to mines. 

87. Protection of action taken in good faith. 

88. [Repealed.]. 

4 

 
 
 
 
 
 
 
 
 
 
 
THE MINES ACT, 1952 
ACT NO. 35 OF 19521 

An  Act  to  amend  and  consolidate  the  law  relating  to  the  regulation  of  labour  and  safety  in 

[15th March, 1952.]  

mines.  

BE it enacted by Parliament as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1)This Act may be called the Mines Act, 1952.  
(2) It extends to the whole of India 2* * *  
(3) It shall come into force on such date3 or dates as the Central Government may, by notification 
in the Official Gazette, appoint, and different dates may be appointed for different provisions of this 
Act and for different States but not later than 3lst December, 1953. 

2. Definitions.—4[(1)] In this Act, unless the context otherwise requires,— 

5* 

* 

* 

* 

* 

(b) “adult” means a person who has completed his eighteenth year;  
6[(c) “agent”, when used in relation to a mine, means every person, whether appointed as such 
or  not,  who,  acting  or  purporting  to  act  on  behalf  of  the  owner,  takes  part  in  the  management, 
control, supervision or direction of the mine or of any part thereof;] 

(d) Chief Inspector means the Chief Inspector of Mines appointed under this Act; 
7[(e) “Committee” means a committee constituted under section 12;] 

(f) “day” means a period of twenty-four hours beginning at midnight;  

(g)  “district  magistrate”  means,  in  a  presidency-town,  the  person  appointed  by  the  Central 

Government to perform the duties of a district magistrate under this Act in that town; 

8[(h)a  person is said  to  be  “employed”  in  a  mine  who  works  as  the  manager  or  who  works 
under  appointment  by  the  owner,  agent  or  manager  of  the  mine  or  with  the  knowledge  of  the 
manager, whether for wages or not— 

 (i)  in  any  mining  operation  (including  the  concomitant  operations  of  handling  and 
transport of minerals up to the point of despatch and of gathering sand and transport thereof to 
the mine);  

(ii)  in  operations  or  services  relating  to  the  development  of  the  mine  including 
construction  of  plan  therein  but  excluding  construction  of  buildings,  roads,  wells  and  any 
building work not directly connected with any existing or future mining operations; 

1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s.3 and The Schedule and to 

the Union territory of Pondicherry by Act 26 of 1968, s. 3 and The Schedule.  

2.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  25  of  1968,  s.  2  and  The  Schedule. 

 (w.e.f. 15-8-1968). 

3. 1st July, 1952, vide Notification No. S.R.O. 967, dated 27th May, 1952, Gazette of India 1952, Part. II, sec.3. 
4. Section 2renumbered as sub-section (1) thereof by Act 62 of 1959, s. 2 (w.e.f.16-1-1960). 
5. Omitted by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 
6. Subs. by s.2, ibid., for clause (c) (w.e.f.31-5-1984). 
7. Subs. by s.2, ibid., for clause (e) (w.e.f.31-5-1984). 
8. Subs. by s.2, ibid., for clause (h) (w.e.f . 31-5-1984). 

5 

 
 
 
 
 
 
 
 
                                                      
(iii) in operating, servicing, maintaining or repairing any part of any machinery used in or 

about the mine; 

(iv) in operations, within the premises of the mine, of loading for despatch of minerals; 

(v) in any office of the mine; 

(vi)  in  any  welfare,  health,  sanitary  or  conservancy,  services  required  to  be  provided 
under this Act, or watch and ward, within the premises of the mine excluding residential area; 
or 

(vii) in any kind of work whatsoever which is preparatory or  incidental to, or connected 

with, mining operations;] 

(i) “Inspector” means an Inspector of Mines appointed under this Act, and includes a district 
magistrate  when  exercising  any  power  or  performing  any  duty  of  an  Inspector  which  he  is 
empowered by this Act to exercise or perform; 

1* 
2[(j)  “mine”  means  any  excavation  where  any  operation  for  the  purpose  of  searching  for  or 

* 

* 

* 

* 

obtaining minerals has been or is being carried on and includes— 

(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the 

pipe conveying mineral oil within the oilfields; 

(ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being 

sunk or not; 

(iii) all levels and inclined planes in the course of being driven; 

(iv) all open cast workings; 

(v)  all  conveyors  or  aerial  ropeways  provided  for  the  bringing  into  or  removal  from  a 

mine of minerals or other articles or for the removal of refuse therefrom; 

(vi)  all  adits,  levels,  planes,  machinery,  works,  railways,  tramways  and  sidings  in  or 

adjacent to and belonging to a mine; 

(vii) all protective works being carried out in or adjacent to a mine; 

(viii) all workshops and stores situated within the precincts of a mine and under the same 
management  and  used  primarily  for  the  purposes  connected  with  that  mine  or  a  number  of 
mines under the same management; 

(ix) all power stations, transformer sub-stations, convertor stations, rectifier stations and 
accumulator  storage  stations  for  supplying  electricity  solely  or  mainly  for  the  purpose  of 
working the mine or a number of mines under the same management; 

(x) any premises for the time being used for depositing sand or other material for use in a 
mine or for depositing refuse from a mine or in which any operations in connection with such 
sand, refuse or other material is being carried on, being premises exclusively occupied by the 
owner of the mine; 

(xi)  any  premises  in  or  adjacent  to  and  belonging  to  a  mine  on  which  any  process 
ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried 
on;] 

1. Omitted by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984).   
2. Subs. by s.2, ibid. for clause (j) (w.e.f 31-5-1984). 

6 

 
 
 
 
 
 
 
 
                                                      
 
(jj) “minerals” means all substances which can be obtained from the earth by mining, digging, 
drilling,  dredging,  hydraulicing,  quarrying  or  by  any  other  operation  and  includes  mineral  oils 
(which in turn include natural gas and petroleum); 

1* 

* 

* 

* 

* 

(k) “office of the mine” means an office at the surface of the mine concerned; 
2[(kk) “open cast working” means a quarry, that is to say, an excavation where any operation 
for the purpose of searching for or obtaining minerals has been or is being carried on, not being a 
shaft or an excavation which extends below superjacent ground;]  

(l)  “owner”,  when  used  in  relation  to  a  mine,  means  any  person  who  is  the  immediate 
proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the 
business whereof is being carried on by  a liquidator or receiver, such liquidator or receiver3*** 
but  does  not  include  a  person  who  merely  receives  a  royalty,  rent  or  fine  from  the  mine,  or  is 
merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or 
is merely the owner of the soil and not interested in the minerals of the mine; but 4[any contractor 
or  sub-lessee] for the  working  of  a  mine  or  any  part thereof shall  be  subject  to this  Act in  like 
manner as if he were an owner, but not so as to exempt the owner from any liability; 

(m) “prescribed “ means prescribed by rules, regulations or bye-laws, as the case may be;  
5[(n)  “qualified  medical  practitioner”  means  a  medical  practitionerwho  possesses  any 
recognised  medical  qualification  as  defined  in  clause  (h)  of  section  2  of  the  Indian  Medical 
Council  Act,  1956  (102  of  1956)  and  who  is  enrolled  on  a  State  medical  register  as  defined  in 
clause (k) of that section;]  

(o) “regulations”,  “rules”  and  “bye-laws”  mean  respectively  regulations,  rules  and  bye-laws 

made under this Act;  

(p) where work of the same kind is carried out by two or more sets of persons working during 
different periods of the day each of such sets is called a “relay”6[and each of such periods is called 
a “shift”]; 

7[(pp) “reportable injury” means any injury other than a serious bodily injury which involves, 
or  in  all  probability  will  involve,  the  enforced  absence  of  the  injured  person  from  work  for  a 
period of seventy-two hours or more;] 

8[(q)  “serious  bodily  injury”  means  any  injury  which  involves,  or  in  all  probability  will 
involve, the permanent loss of any part or section of a body or the use of any part or section of a 
body,  or  the  permanent  loss  of  or  injury  to  the  sight  or  hearing  or  any  permanent  physical 
incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or 
foot;  

(r)  “week”  means  a  period  of  seven  days  beginning  at  midnight  on  Saturday  night  or  such 
other  night  as  may  be  approved  in  writing  for  a  particular  area  by  the  Chief  Inspector  or  an 
Inspector.] 

1. Clause (jjj) omitted by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 
2. Ins. by Act 62 of 1959, s. 2 (w.e.f. 16-1-1960). 
3. Certain words omitted by Act 42 of 1983,s. 2 (w.e.f. 31-5-1984). 
4. Subs. by s. 2, ibid., for “any contractor” (w.e.f. 31-5-1984). 
5. Subs. by s. 2, ibid., for clause (n) (w.e.f. 31-5-1984). 
6. Added by Act 62 of 1959, s. 2 (w.e.f. 16-1-1960). 
7. Ins. by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 
8. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 31-5-1984). 
7 

 
 
 
 
 
 
 
 
                                                      
1[(2)  A  person  working  or  employed  in  or  in  connection  with  a  mine  is  said  to  be  working  or 

employed— 

(a) “below ground” if he is working or employed— 

 (i) in a shaft which has been or is in the course of being sunk; or 

(ii) in any excavation which extends below superjacent ground; and 

(b)  “above  ground”  if  he  is  working  in  an  open  cast  working  or  in  any  other  manner  not 

specified in clause (a).] 
2[3. Act not to apply in certain cases.—(1) The provisions of this Act, except those contained in 

3[sections 7,8,9,40,45 and 46] shall not apply to— 

(a) any mine or part thereof in which excavation is being made for prospecting purposes only 

and not for the purpose of obtaining minerals for use or sale: 

Provided that— 

 (i) not more than twenty persons  are employed on any one day in connection with any 

such excavation; 

(ii)  the  depth  of  the  excavation  measured  from  its  highest  to  its  lowest  point  nowhere 

exceeds six metres or, in the case of an excavation for coal, fifteen metres; and 

(iii)no part of such excavation extends below superjacent ground; or 

(b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, 
ordinary  sand  (excluding  moulding  sand,  glass  sand  and  other  mineral  sands),  ordinary  clay 
(excluding kaolin, china clay, white clay or fire clay), building stone,  4[slate], road metal, earth, 
fullers earth, 4[, marl, chalk] and lime stone: 

Provided that— 

(i) the workings do not extend below superjacent ground; or 

(ii) where it is an open cast working— 

(a) the depth of the excavation measured from its highest to its lowest point nowhere 

exceeds six metres; 

(b) the number of persons employed on any one day does not exceed fifty; and 

(c) explosives are not used in connection with the excavation. 

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is 
satisfied  that,  having  regard  to  the  circumstances  obtaining  in  relation  to  a  mine  or  part  thereof  or 
group or class of mines, it is necessary or desirable so to do, by notification in the Official Gazette, 
declare that any of the provisions of this Act, not set out in sub-section (1), shall apply to any such 
mine or part thereof or group or class of mines or any class of persons employed therein.  

(3)  Without  prejudice  to  the  provisions  contained  in  sub-section  (2),  if  at  any  time  any  of  the 
conditions  specified  in  the  proviso  to  clause  (a)  or  clause  (b)  of  sub-section  (1)  is  not  fulfilled  in 
relation  to  any  mine  referred  to  in  that  sub-section,  the  provisions  of  this  Act  notset  out  in  
sub-section (1), shall become immediately applicable, and it shall be the duty of the owner, agent or 
manager  of  the  mine  to  inform  the  prescribed  authority  in  the  prescribed  manner  and  within  the 
prescribed time about the non-fulfilment.] 

1. Ins. by Act 62 of 1959, s. 2 (w.e.f. 16-1-1960). 
2. Subs. by s. 3, ibid., for s. 3 (w.e.f. 16-1-1960). 
3. Subs. by Act 42 of 1983, s. 3, for “sections 7, 8, 9, 44, 45 and 46” (w.e.f. 31-5-1984). 
4. Ins. by s. 3, ibid. (w.e.f. 31-5-1984). 

8 

 
                                                      
4.  References  to  time  of  day.—In  this  Act,  references  to  time  of  day  are  references  to  Indian 

standard time, being five and a half hours ahead of Greenwich mean time: 

Provided that, for any area in which Indian standard time is not ordinarily observed, the Central 

Government may make rules— 

(a) specifying the area; 

(b) defining the local mean time ordinarily observed therein; and 

(c) permitting such time to be observed in all or any of the mines situated in the area. 

CHAPTER II 

INSPECTORS AND CERTIFYING SURGEONS 

5.  Chief  Inspector  and  Inspectors.—(1)The  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint such a person as possesses the prescribed qualifications to be Chief Inspector 
of Mines for all the territories to which this Act extends and such persons as possess the  prescribed 
qualifications to be Inspectors of Mines subordinate to the Chief Inspector. 

(2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed 
shall continue to hold such office, who is or becomes directly or indirectly interested in any mine or 
mining rights in India. 

(3) The district magistrate may exercise the powers and perform the duties of an Inspector subject 

to the general or special orders of the Central Government: 

 Provided  that  nothing  in  this  sub-section  shall  be  deemed  to  empower  a  district  magistrate  to 

exercise any of the powers conferred by 1[section 22 or section 22A] or section 61. 

(4)The  Chief  Inspector  and  all  Inspectors  shall  be  deemed  to  be  public  servants  within  the 

meaning of the Indian Penal Code (45 of 1860). 

2[6.  Functions  of  Inspectors.—(1)The  Chief  Inspector  may,  with  the  approval  of  the  Central 
Government and subject to such restrictions or conditions as he may think fit to impose, by order in 
writing,  authorise  any  Inspector  named  or  any  class  of  Inspectors  specified  in  the  order  to  exercise 
such of the powers of the Chief Inspector under this Act (other than those relating to appeals) as he 
may specify. 

(2)The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector 
named or any class of Inspectors specified in the order of any power conferred on Inspectors under 
this Act. 

(3)Subject to the other provisions contained in this section, the Chief Inspector shall declare the 
local area or areas within which or the group or class of mines with respect to which Inspectors shall 
exercise their respective powers.] 

7. Powers of Inspectors of Mines.—(1)The Chief Inspector and any Inspector may— 

(a)  make  such  examination  and  inquiry  as  he  thinks  fit  in  order  to  ascertain  whether  the 
provisions  of  this  Act  and  of  the  regulations,  rules  and  bye-laws  and  of  any  orders  made 
thereunder are observed in the case of any mine; 

(b) with such assistants, if any, as he thinks fit, enter, inspect and examine any mine or any 

part thereof at any time by day or night: 

Provided that the power conferred by this clause shall not be exercised in such a manner as 

unreasonably to impede or obstruct the working of any mine; 

1. Subs. by Act 42 of 1983, s. 4, for “section 22” (w.e.f. 31-5-1984). 
2. Subs. by Act 62 of 1959. s. 4, for s. 6 (w.e.f. 16-1-1960). 

9 

 
                                                      
(c) examine into, and make inquiry respecting, the state and condition of any mine or any part 
thereof,  the  ventilation  of  the  mine,  the  sufficiency  of  the  bye-laws  for  the  time  being  in  force 
relating to the mine, and all matters and things connected with or relating to the health, safety and 
welfare  of  the  persons  employed  in  the  mine, and take  whether  on  the  precincts  of  the  mine  or 
elsewhere,  statements  of  any  person  which  he  may  consider  necessary  for  carrying  out  the 
purposes of this Act; 

 (d)  exercise  such  other  powers  as  may  be  prescribed  by  regulations  made  by  the  Central 

Government in' this behalf: 

Provided that no person shall be compelled under this sub-section to answer any question or 

make any statement tending to incriminate himself. 

(2)  The  Chief  Inspector  and  any  Inspector  may,  if  he  has  reason  to  believe,  as  a  result  of  any 
inspection,  examination  or  inquiry  under  this  section,  that  an  offence  under  this  Act  has  been  or  is 
being committed, search any place and take possession 1[of any material or any plan, section, register 
or  other  record]  appertaining  to  the  mine,  and  the  provisions  of  the  2[Code  of  Criminal  Procedure, 
1973 (2 of 1974)] shall so far as may be applicable, apply to any search or seizure under this Act as 
they apply to any search or seizure made under the authority of a warrant issued under 3[section 94] of 
that Code. 

8.Powers  of  special  officer  to  enter,measure,  etc.—Any  person  in  the  service  of  the 
Government duly authorised in this behalf by a special order in writing of the Chief Inspector or of an 
Inspector  may,  for  the  purpose  of  surveying,  leveling  or  measuring  any  mine  4[or  any  output 
therefrom], after giving not less than three days’ notice to the manager of such mine, enter the mine 
and may survey, level or measure the mine or any part thereof 4[or any output therefrom] at any time 
by day or night: 

Provided that, where in the opinion of the Chief Inspector or of an Inspector an emergency exists, 
he  may,  by  order  in  writing,  authorise  any  such  person  to  enter  the  mine  for  any  of  the  aforesaid 
purposes without giving any such notice. 

9.  Facilities  to  be  afforded  to  Inspectors.—Every  owner,  agent  and  manager  of  a  mine  shall 
afford  the  Chief  Inspector  and  every  Inspector  and  every  person  authorised  under  section  8  all 
reasonable facilities for making any entry, inspection, survey,  measurement, examination or inquiry 
under this Act. 

5[9A. Facilities to be provided for occupational health survey.—(1) The Chief Inspector or an 
Inspector  or  other  officer  authorised  by  him  in  writing  in  this  behalf  may,  at  any  time  during  the 
normal  working  hours  of  the  mine  or  at  any  time  by  day  or  night  as  may  be  necessary,  undertake 
safety and occupational health survey in a mine after giving notice in writing to the manager of the 
mine;  and  the  owner,  agent  or  manager  of  the  mine  shall  afford  all  necessary  facilities  (including 
facilities  for  the  examination  and  testing  of  plant  and  machinery,  for  the  collection  of  samples  and 
other data pertaining to the survey and for the transport and examination of any person employed in 
the mine chosen for the survey) to such Inspector or officer. 

(2)  Every  person  employed  in  a  mine  who  is  chosen  for  examination  in  any  safety  and 
occupational  health  survey  under  sub-section  (1)  shall  present  himself  for  such  examination  and  at 
such  place  as  may  be  necessary  and  shall  furnish  all  information  regarding  his  work  and  health  in 
connection with the said survey. 

(3) The time spent by any person employed in a mine who is chosen for examination in the safety 
and  occupational  health  survey,  shall  be  counted  towards  his  working  time,  so  however  that  any 
overtime shall be paid at the ordinary rate of wages.  

1. Subs. by Act 62 of 1959, s. 5, for “of any register or other record” (w.e.f. 16-1-1960). 
2. Subs by Act 42 of 1983, s. 5, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 31-5-1984). 
3. Subs. by s. 5, ibid., for “section 98” (w.e.f. 31-5-1984). 
4. Ins. by s. 6, ibid. (w.e.f. 31-5-1984). 
5. Ins. by s. 7, ibid. (w.e.f. 31-5-1984). 

10 

 
                                                      
Explanation.—For  the  purposes  of  this  sub-section,  “ordinary  rate  of  wages”  means  the  basic 
wages plus any dearness allowance and underground allowance and compensation in cash including 
such  compensation,  if  any,  accruing  through  the free issue  of  foodgrains  and  edible  oils  as  persons 
employed in a mine may, for the time being, be entitled to, but does not include a bonus (other than a 
bonus  given  as  incentive  for  production)  or  any  compensation  accruing  through  the  provision  of 
amenities  such  as  free  housing,  free  supply  of  coal,  medical  and  educational  facilities,  sickness 
allowance, supply of kerosene oil, baskets, tools and uniforms. 

(4) Any person who, on examination under sub-section (2), is found medically unfit to discharge 
the duty which he was discharging in a mine immediately before such presentation shall be entitled to 
undergo  medical  treatment  at  the  cost  of  the  owner,  agent  and  manager  with  full  wages  during  the 
period of such treatment. 

(5) If, after the medical treatment, the person referred to in sub-section (4) is declared medically 
unfit to discharge the duty which he was discharging in a mine immediately before presenting himself 
for  the  said  examination  and  such  unfitness  is  directly  ascribable  to  his  employment  in  the  mine 
before such presentation, the owner, agent and manager shall provide such person with an alternative 
employment in the mine for which he is medically fit: 

Provided that where no such alternative employment is immediately available, such person shall 
be paid by the owner, agent and manager disability allowance determined in accordance with the rates 
prescribed in this behalf: 

Provided further that where such person decides to leave his employment in the mine, he shall be 
paid  by  the  owner,  agent  and  manager  a  lump  sum  amount  by  way  of  disability  compensation 
determined in accordance with the rates prescribed in this behalf. 

(6)  The  rates  under  the  provisos  to  sub-section  (5)  shall  be  determined  having  regard  to  the 

monthly wages of the employees, the nature of disabilities and other related factors.] 

10.  Secrecy  of  information  obtained.—(1)  All  copies  of,  and  extracts  from,  registers  or  other 
records  appertaining  to  any  mine  and  all  other  information  acquired  by  the  Chief  Inspector  or  an 
Inspector or by any one assisting him, in the course of the inspection 1[or survey] of any mine under 
this Act or acquired by any person authorised under section 8  1[or section 9A] in the exercise of his 
duties  thereunder,  shall  be  regarded  as  confidential  and  shall  not  be  disclosed  to  any  person  or 
authority  unless  the  Chief  Inspector  or  the  Inspector  considers  disclosure  necessary  to  ensure  the 
health, safety or welfare of any person employed in the mine or in any other mine adjacent thereto. 

(2)  Nothing  in  sub-section  (1)  shall  apply  to  the  disclosure  of  any  such  information  (if  so 

required) to— 

(a) any Court;  
2[(b) a Committee or court of inquiry constituted or appointed under section 12 or section 24 

as the case may be;]  

(c) an official superior or the owner, agent or manager of the mine concerned; 

(d)  a  Commissioner  for  workmen’s  compensation  appointed  under  the  Workmen's 

Compensation Act, 1923 (8 of 1923);  

3[(e)the Controller, Indian Bureau of Mines;  

(f)any registered or recognised trade union;  

1. Ins. by Act 42 of 1983, s. 8 (w.e.f. 31-5-1984). 
2. Subs. by s. 8, ibid., for clause (b) (w.e.f. 31-5-1984). 
3. Subs. by s. 8, ibid., for clause (e) (w.e.f. 31-5-1984). 

11 

 
                                                      
 
(g)such  other  officer,  authority  or  organisation  as  may  be  specified  in  this  behalf  by  the 

Central Government.] 

 (3)  If  the  Chief  Inspector,  or  an  Inspector  or  any  other  person  referred  to  in  sub-section  (1) 
discloses,  contrary  to  the  provisions  of  this  section,  any  such  information  as  aforesaid  without  the 
consent of the Central Government, he shall be punishable with imprisonment for a term which may 
extend to one year, or with fine, or with both. 

(4) No court shall proceed to the trial of any offence under this section except with the previous 

sanction of the Central Government. 

11.  Certifying  surgeons.—(1)  The  Central  Government  may  appoint  qualified  medical 
practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such 
mine or class or description of mines as it may assign to them respectively. 

(2)  Subject  to  such  conditions  as  the  Central  Government  may  think  fit  to  impose,  a  certifying 
surgeon  may,  with  the  approval  of  the  Central  Government,  authorise  any  qualified  medical 
practitioner  to  exercise  all  or  any  of  his  powers  under  this  Act  for  such  period  as  the  certifying 
surgeon may specify, and references to a certifying surgeon shall be deemed to include references to 
any qualified medical practitioner when so authorised. 

(3)  No  person  shall  be  appointed  to  be,  or  authorised  to  exercise  the  powers  of,  a  certifying 
surgeon,  or,  having  been  so  appointed  or  authorised,  continue  to  exercise  such  powers,  who  is  or 
becomes  the  owner,  agent  or  manager  of  a  mine,  or  is  or  becomes  directly  or  indirectly  interested 
therein,  or  in  any  process  or  business  carried  on  therein  or  in  any  patent  or  machinery  connected 
therewith, or is otherwise in the employment of the mine.  

(4) The certifying surgeon shall carry out such duties as may be prescribed in connection with— 
1* 

* 

* 

* 

* 

 (b) the examination of persons engaged in a mine in such dangerous occupations or processes as 

may be prescribed;  

(c)  the  exercise  of  such  medical  supervision  as  may  be  prescribed  for  any  mine  or  class  or 

description of mines where— 

 (i) cases of illness have occurred which it is reasonable to believe are due to the nature of any 

process carried on or other conditions of work prevailing in the mine; 
1* 

* 

* 

* 

* 

CHAPTER III 
2[COMMITTEES] 

12.  Committees.—(1)The  Central  Government  shall,  with  effect  from  such  date  as  that 
Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this  behalf,  constitute  for  the 
purposes of this Act, a Committee consisting of— 

(a) a person in the service of the Government, not being the Chief Inspector or an Inspector, 

appointed by the Central Government to act as Chairman; 

(b) the Chief Inspector of Mines; 

(c) two persons to represent the interests of miners appointed by the Central Government; 

(d)  two  persons  to  represent  the  interests  of  owners  of  mines  appointed  by  the  Central 

Government; 

1. Omitted by Act 42 of 1983, s. 9 (w.e.f. 31-5-1984). 
2. Subs. by s. 10, ibid., for the heading “MINING BOARDS AND COMMITTEES” (w.e.f. 31-5-1984).  

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
(e) two qualified mining engineers not directly employed in the mining industry, appointed by 

the Central Government: 

Provided that one at least of the persons appointed under clause (c) shall be for representing the 
interests of workers in coal mines and one at least of the persons appointed under clause (d) shall be 
for representing the interests of owners of coal mines. 

(2) Without prejudice to the generality of sub-section (1), the Central Government may constitute 
one or more Committees to deal with specific matters relating to any part of the territories to which 
this  Act  extends  or  to  a  mine  or  a  group  of  mines  and  may  appoint  members  thereof  and  the 
provisions  of  sub-section  (1)  (except  the  proviso  thereto)  shall  apply  for  the  constitution  of  any 
Committee  under  this  sub-section  as  they  apply  for  the  constitution  of  a  Committee  under  that  
sub-section. 

(3) No act or proceeding of a Committee shall be invalid by reason only of the existence of any 

vacancy among its members or any defect in the constitution thereof. 

13. Functions of the committee.—(1)The Committee constituted under sub-section (1) of section 

12 shall— 

(a) consider proposals, for making rules and regulations under this Act and make appropriate 

recommendations to the Central Government; 

(b)  enquire  into  such  accidents  or  other  matters  as  may  be  referred  to  it  by  the  Central 

Government from time to time and make reports thereon; and 

(c)  subject  to  the  provisions  of  sub-section  (2),  hear  and  decide  such  appeals  or  objections 
against  notices  or  orders  under  this  Act  or  the  regulations,  rules  or  bye-laws  thereunder,  as  are 
required to be referred to it by this Act or as maybe prescribed. 

(2) The Chief Inspector shall not take part in the proceedings of the Committee with respect to 
any  appeal  or  objection  against  an  order  or  notice  made  or  issued  by  him  or  act  in  relation  to  any 
matter pertaining to such appeal or objection as a member of the Committee. 

14. Powers, etc., of the committees.—(1)A Committee constituted under section 12 may exercise 
such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for 
the purposes of discharging its functions under this Act. 

(2) A Committee constituted under section 12 shall, for the purposes of discharging its functions, 
have the same powers as are vested in a  court under the Code of Civil Procedure, 1908 (5 of 1908) 
when trying a suit in respect of the following matters, namely:— 

(a) discovery and inspection; 

(b) enforcing the attendance of any person and examining him on oath; 

(c) compelling the production of documents; and 

(d) such other matters as may be prescribed.] 

15. Recovery of expenses.—The Central Government may direct that the expenses of any inquiry 
conducted  by  1[a  Committee  constituted  under  section12]  shall  be  borne  in  whole  or  in  part  by  the 
owner or agent of the mine concerned, and the amount so directed to be paid may, on application by 
the Chief Inspector or an Inspector to a magistrate having jurisdiction at the place where the mine is 
situated or where such owner or agent is for the time being resident, be recovered by the distress and 
sale of any movable property within the limits of the magistrate's jurisdiction belonging to such owner 
or agent: 

Provided that the owner or his agent has not paid the amount within six weeks from the date of 

receiving the notice from the Central Government or the Chief Inspector of Mines. 

1.  Subs. by Act 42 of 1983, s. 11, for certain words (w.e.f. 31-5-1984). 

13 

 
                                                      
CHAPTER IV 

MINING OPERATIONS AND MANAGEMENT OF MINES 

16. Notice to be given of mining operations.—(1) The owner, agent or manager of a mine shall, 
before  the  commencement  of  any  mining  operation,  give  to  the  Chief  Inspector,  the  1[Controller], 
Indian Bureau of Mines and the district magistrate of the district in which the mine is situate, notice in 
writing in such form and containing such particulars relating to the mine as may be prescribed.  

(2) Any notice given under sub-section (1) shall be so given as to reach the persons concerned at 

least one month before the commencement of any mining operation. 

2[17.Managers.—(1)  Save  as  may  be  otherwise  prescribed,  every  mine  shall  be  under  a  sole 
manager  who  shall  have  the  prescribed  qualification  and  the  owner  or  agent  of  every  mine  shall 
appoint a person having such qualification to be the manager: 

Provided that the owner or agent may appoint himself as manager if he possesses the prescribed 

qualifications. 

(2) Subject to any instructions given to him by or on behalf of the owner or agent of the mine, the 
manager  shall  be  responsible  for  the  overall  management,  control,  supervision  and  direction  of  the 
mine  and  all  such  instructions  when  given  by  the  owner  or  agent  shall  be  confirmed  in  writing 
forthwith. 

(3)Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not 
give, otherwise than through the manager, instructions affecting the fulfilment of his statutory duties, 
to a person, employed in a mine, who is responsible to the manager. 

18. Duties and responsibilities of owners, agents and managers.—(1) The owner and agent of 
every  mine  shall each  be  responsible for  making  financial and  other provisions and for  taking  such 
other steps as may be necessary for compliance with the provisions of this Act and the regulations, 
rules, bye-laws and orders made thereunder. 

(2)The  responsibility  in respect  of  matters  provided for in the  rules  made  under  clauses (d),  (e) 
and (p) of section 58 shall be exclusively carried out by the owner and agent of the mine and by such 
person (other than the manager) whom the owner or agent may appoint for securing compliance with 
the aforesaid provisions. 

(3)  If  the  carrying  out  of  any  instructions  given  under  sub-section  (2)  or  given  otherwise  than 
through the manager under sub-section (3) of section 17, results in the contravention of the provisions 
of this Act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such 
instructions shall also be liable for the contravention of the provisions concerned. 

(4)  Subject  to  the  provisions  of  sub-sections  (1),  (2)  and  (3),  the  owner,  agent  and  manager  of 
every mine shall each be responsible to see that all operations carried on in connection with the mine 
are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and 
orders made thereunder. 

(5) In the event of any contravention by any person whosoever of any of the provisions of this Act 
or  of  the  regulations,  rules,  bye-laws  or  orders  made  thereunder  except  those  which  specifically 
require any person to do any act or thing or prohibit any person from doing an act or thing, besides the 
person  who  contravenes,  each  of  the  following  persons  shall  also  be  deemed  to  be  guilty  of  such 
contravention  unless  he  proves  that  he  had  used  due  diligence  to  secure  compliance  with  the 
provisions and had taken reasonable means to prevent such contravention:— 

(i)the  official  or  officials  appointed  to  perform  duties  of  supervision  in  respect  of  the 

provisions contravened; 

1. Subs. by. Act 42 of 1983, s. 12, for “Director” (w.e.f. 31-5-1984). 
2. Subs. by s. 13, ibid., for sub-sections 17 and 18 (w.e.f. 31-5-1984). 

14 

 
                                                      
(ii)the manager of the mine; 

(iii)the owner and agent of the mine; 

(iv) the person appointed, if any, to carry out the responsibility under sub-section (2): 

Provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry 

and investigation,that he is not prima facie liable. 

(6)  It  shall  not  be  a  defence  in  any  proceedings  brought  against  the  owner  or  agent  of  a  mine 
under  this  section  that  the  manager  and  other  officials  have  been  appointed  in  accordance  with  the 
provisions  of  this  Act  or  that  a  person  to  carry  the  responsibility  under  sub-section  (2)  has  been 
appointed.] 

CHAPTER V 

PROVISIONS AS TO HEALTH AND SAFETY 

19.  Drinking  Water.—1[(1)In  every  mine  effective arrangements  shall  be  made  to  provide and 
maintain at suitable points conveniently situated a sufficient supply of cool and wholesome drinking 
water for all persons employed therein: 

Provided that in the case of persons employed below ground the Chief Inspector may, in lieu of 
drinking  water  being  provided  and  maintained  at  suitable  points,  permit  any  other  effective 
arrangements to be made for such supply.] 

(2) All such points shall be legibly marked `DRINKING WATER' in a language understood by a 
majority of the persons employed in the mine and no such point shall be situated within 2[six meters] 
of  any  washing  place  urinal  or  latrine  unless a  shorter  distance  is approved  in writing  by  the  Chief 
Inspector. 

(3) In respect of all mines or any class or description of mines, the Central Government may make 
rules for securing compliance with the provisions of sub-sections (1) and (2) and for the examination 
by prescribed authorities of the supply and distribution of drinking water. 

20. Conservancy.—(1)There shall be provided, separately for males and females in every mine, a 
sufficient  number  of  latrines  and  urinals  of  prescribed  types  so  situated  as  to  be  convenient  and 
accessible to persons employed in the mine at all times. 

(2)All latrines and urinals provided under sub-section (1) shall be adequately lighted, ventilated 

and at all times maintained in a clean and sanitary condition.  

(3)The Central Government may specify the number of latrines and urinals to be provided in any 
mine, in proportion to the number of males and females employed in the mine and provide for such 
other  matters  in  respect  of  sanitation  in  mines  (including  the  obligations  in  this  regard  of  persons 
employed  in  the  mine)  as  it  may  consider  necessary  in  the  interests  of  the  health  of  the  persons  so 
employed. 

3[21. Medical appliances.—(1)In every mine there shall be provided and maintained so as to be 
readily  accessible  during  all  working  hours  such  number  of  first-aid  boxes  or  cupboards  equipped 
with such contents as may be prescribed. 

(2)Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room.  

(3)Every  first-aid  box  or  cupboard  shall  be  kept  in  the  charge  of  a  responsible  person  who  is 
trained  in  such  first-aid  treatment  as  may  be  prescribed  and  who  shall  always  be  readily  available 
during the working hours of the mine. 

1.  Subs. by Act 62 of 1959, s. 10, for sub-section (1) (w.e.f. 16-1-1960). 
2. Subs. by Act 42 of 1983, s. 14, for “twenty feet” (w.e.f. 31-5-1984). 
3. Subs. by Act 62 of 1959, s. 11, for sections 21 and 22 (w.e.f. 16-1-1960). 

15 

 
                                                      
(4)In every mine there shall be made so as to be readily available such arrangements as may be 
prescribed  for  the  conveyance  to  hospitals  or  dispensaries  of  persons  who,  while  employed  in  the 
mine, suffer bodily injury or become ill. 

(5)In every mine wherein more than one hundred and fifty persons are employed, there shall be 
provided and maintained a first-aid room of such size with such equipment and in the charge of such 
medical and nursing staff as may be prescribed. 

22. Powers of Inspectors when causes of danger not expressly provided against exist or when 
employment  of  persons  is  dangerous.—(1)    If,  in  respect  of  any  matter  for  which  no  express 
provision is made by or under this Act, it appears to the Chief Inspector or an Inspector that any mine 
or  part  thereof  or  any  matter,  thing  or  practice  in  or  connected  with  the  mine,  or  with  the  control, 
supervision, management or direction thereof, is dangerous to human life or safety or defective so as 
to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the 
owner, agent or manager of the mine and shall state in the notice the particulars in respect of which he 
considers  the  mine  or  part  thereofor  the  matter,  thing  or  practice  to  be  dangerous  or  defective  and 
require the same to be remedied within such time and in such manner as he may specify in the notice.  

(lA) Where the owner, agent or manager of mine fails to comply with the terms of a notice given 
under sub-section (1) within the period specified therein, the Chief Inspector or the Inspector, as the 
case  may  be,  may,  by  order  in  writing,  prohibit  the  employment  in  or  about  the  mine  or  any  part 
thereof  of  any  person  whose  employment  is  not  in  his  opinion  reasonably  necessary  for  securing 
compliance with the terms of the notice. 

(2)Without  prejudice  to  the  provisions  contained  in  sub-section  (1),  the  Chief  Inspector  or  the 
Inspector, as the case may be, may, by order in writing addressed to the owner, agent or manager of a 
mine, prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part thereof, 
if, in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the 
premature collapse of any part of the workings or otherwise endanger the mine or the life or safety of 
persons  employed  therein  or  if,  in  his  opinion,  adequate  provision  against  the  outbreak  of  fire  or 
flooding has not been made by providing for the sealing off and isolation of the part of the mine in 
which  such  operation  is  contemplated  and  for  restricting  the  area  that  might  be  affected  by  fire  or 
flooding. 

(3)If the Chief Inspector, or an Inspector authorised in  this behalf by general or special order in 
writing by the Chief Inspector, is of opinion that there is urgent and immediate danger to the life or 
safety of any person employed in any mine or part thereof, he may, by order in writing containing a 
statement of the grounds of his opinion, prohibit, 1[until he is satisfied that the danger is removed], the 
employment in or about the mine or any part thereof of any person whose employment is not in his 
opinion reasonably necessary for the purpose of removing the danger. 

2[(3A)  Every  person  whose  employment  is  prohibited under’  sub-section (lA)  or sub-section (3) 
shall be entitled to payment of full wages for the period for which he would have been, but for the 
prohibition in employment and the owner, agent or manager shall be liable for payment of such full 
wages of that person:  

Provided that the owner, agent or manager may instead of paying such full wages provide such 
person  with  an  alternative  employment  at  the  same  wages  which  such  person  was  receiving  in  the 
employment which was prohibited.] 

(4)Where a notice has been given under sub-section (1) or an order made under sub-section (lA), 
sub-section  (2)  or  sub-section  (3)  by  an  Inspector,  the  owner,  agent  or  manager  of  the  mine  may, 

1. Subs. by Act 42 of 1983, s. 15, for “until the danger is removed” (w.e.f. 31-5-1984). 
2. Ins. by s. 15, ibid. (w.e.f. 31-5-1984). 

16 

 
                                                      
 
within ten days after the receipt of the notice or order, as the case may be, appeal against the same to 
the Chief Inspector who may confirm, modify or cancel the notice or order. 

(5)The Chief Inspector or the Inspector sending a notice under sub-section (1) or making an order 
under  sub-section  (lA),  sub-section  (2)  or  sub-section  (3)  and  the  Chief  Inspector  making  an  order 
(other than an order of cancellation in appeal) under sub-section (4) shall forthwith report the same to 
the Central Government. 

(6)If the owner, agent or manager of the mine objects to a notice sent under sub-section (1) by the 
Chief Inspector or to an order made by the Chief Inspector under sub-section (lA) or sub-section (2) or 
sub-section  (3)  or  sub-section  (4),  he  may,  within  twenty  days  after  the  receipt  of  the  notice 
containing the requisition or of the order or after the date of the decision on appeal, as the case may 
be, send his objection in writing stating the grounds thereof to the Central Government 1[which shall, 
ordinarily within a period of two months from the date of receipt of the objection, refer] the same to a 
Committee. 

(7)Every  notice  under  sub-section  (1),  or  order  under  sub-section  (lA),  sub-section  (2),  
sub-section (3) or sub-section (4), to which objection is made under sub-section (6), shall be complied 
with, pending the receipt at the mine of the decision of the Committee: 

Provided that the Committee may, on the application of the owner, agent or manager, suspend the 

operation of a 2[notice] under sub-section (1), pending its decision on the objection. 

(8)Nothing in this section shall affect the powers of a magistrate under section 144 of the  3[Code 

of Criminal Procedure, 1898 (5 of 1898).] 

4[22A.  Power  to  prohibit  employment  in  certain  cases.—(1)Where  in  respect  of  any  matter 
relating  to  safety  for  which  express  provision  is  made  by  or  under  this  Act,  the  owner,  agent  or 
manager  of  a  mine  fails  to  comply  with  such  provisions,  the  Chief  Inspector  may  give  notice  in 
writing requiring the same to be complied with within such time as he may specify in the notice or 
within such extended period of time as he may, from time to time, specify thereafter. 

(2) Where the owner, agent or manager fails to comply with the terms of a notice given under sub-
section  (1)  within  the  period  specified  in  such  notice  or,  as  the  case  may  be,  within  the  extended 
period of time specified under that sub-section, the Chief Inspector may, by order in writing, prohibit 
the employment in or about the mine or any part thereof of any person whose employment is not, in 
his opinion, reasonably necessary for securing compliance with the terms of the notice. 

(3)  Every  person  whose  employment  is  prohibited  under  sub-section  (2),  shall  be  entitled  to 
payment  of  full  wages  for  the  period  for  which  he  would  have  been,  but  for  the  prohibition,  in 
employment, and the owner, agent or manager shall be liable for payment of such full wages of that 
person: 

Provided that the owner, agent or manager may, instead of paying such full wages, provide such 
person  with  an  alternative  employment  at  the  same  wages  which  such  person  was  receiving  in  the 
employment which was prohibited under sub-section (2). 

(4) The provisions of sub-sections (5), (6) and (7) of section 22 shall apply in relation to a notice 
issued under sub-section (1) or an order made under sub-section (2) of this section as they apply in 
relation to a notice under sub-section (1) or an order under sub-section (lA) of that section.] 

1. Subs. by Act 42 of 1983, s. 15, for “which shall refer” (w.e.f. 31-5-1984). 
2. Subs. by s. 15, ibid., for “requisition” (w.e.f. 31-5-1984). 
3. See now the Code of Criminal Procedure, 1973 (2 of 1974). 
4. Ins. by Act 42 of 1983, s. 16 (w.e.f. 31-5-1984). 

17 

 
 
 
                                                      
 
23. Notice to be given of accidents.—1[(1)Whenever there occurs in or about a mine— 

(a) an accident causing loss of life or serious bodily injury, or 

(b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water 

or other liquid matter, or 

(c) an influx of inflammable or noxious gases, or 

(d)  a  breakage  of  ropes,  chains  or  other  gear  by  which  persons  or  materials  are  lowered  or 

raised in a shaft or an incline, or 

(e)  an  overwinding  of  cages  or  other  means  of  conveyance  in  any  shaft  while  persons  or 

materials are being lowered or raised, or 

(f) a premature collapse of any part of the working, or 

(g) any other accident which may be prescribed, 

the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such 
form  and  within  such  time  as  may  be  prescribed, and  he  shall  simultaneously  post  one  copy  of  the 
notice on a special notice board in the prescribed manner at a place where it may be inspected by trade 
union  officials,  and  shall  ensure  that  the  notice is  kept  on  the  board  for  not less  than fourteen  days 
from the date of such posting.] 

2[(lA)  Whenever  there  occurs  in  or  about  a  mine  an  accident  causing  reportable  injury  to  any 
person,  the  owner  agent  or  manager  of  the  mine  shall  enter  in  a  register  such  occurrence  in  the 
prescribed form and copies of such entries shall be furnished to the Chief Inspector once in a quarter.] 

(2)  Where  a  notice  given  under  sub-section  (1)  relates  to  an  accident  causing  loss  of  life,  the 
authority shall make an inquire into the occurrence within two months of the receipt of the notice and, 
if the authority is not the Inspector, he shall cause the Inspector to make an inquiry within the said 
period.  

3[(3) The Central Government may, by notification in the Official Gazette, direct that accidents 
other  than  those  specified  in  sub-sections  (1)  and  (lA)  which  cause  bodily  injury  resulting  in  the 
enforced absence from work of the person injured for a period exceeding twenty-four hours shall be 
entered in a register in the prescribed form or shall be subject to the provisions of sub-section (1) or 
sub-section (lA), as the case may be.] 

(4) A copy of the entries in the register referred to in sub-section (3) shall be sent by the owner, 
agent, or manager of the mine,  4[on or before the 20th day of January in the year following that to 
which the entries relate], to the Chief Inspector. 

2[(5) Whenever there occurs in or about a mine an accident causing loss of life or serious bodily 
injury  to  any  person,  the  place  of  accident  shall  not  be  disturbed  or  altered  before  the  arrival  or 
without the consent of the Chief Inspector or the Inspector to whom notice of the accident is required 
to be given under sub-section (1) of section 23, unless such disturbance or alteration is necessary to 
prevent any further accident, to remove bodies of the deceased, or to rescue any person from danger, 
or unless discontinuance of work at the place of accident would seriously impede the working of the 
mine: 

Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident 
within  seventy-two  hours  of  the  time  of  the  accident,  work  may  be  resumed  at  the  place  of  the 
accident.] 

1. Subs. by Act 62 of 1959, s. 12, for sub-section (1) (w.e.f. 16-1-1960). 
2. Ins. by Act 42 of 1983, s. 17 (w.e.f. 31-5-1984). 
3. Subs. by s. 17, ibid., for sub-section (3) (w.e.f. 31-5-1984). 
4.  Subs. by Act 62 of 1959, s. 12, for certain words (w.e.f. 16-1-1960). 

18 

 
                                                      
24. Power of Government to appoint Court of inquiry in cases of accidents.—1[(1)When any 
accident of the nature referred to in any of the clauses of sub-section (1) of section 23 occurs in or 
about a mine, the Central Government may, if it is of opinion that a formal inquiry into the causes of 
and circumstances attending the accident ought to be held, appoint a competent person to hold such 
inquiry  and  may  also  appoint  one  or  more  persons  possessing  legal  or  special  knowledge  to  act  as 
assessor or assessors in holding the inquiry.] 

(2) The person appointed to hold any such inquiry shall have all the powers of a civil court under 
the  Code  of  Civil  Procedure,  1908  (5  of  1908),  for  the  purpose  of  enforcing  the  attendance  of 
witnesses and compelling the production of documents and material objects 2* * *. 

(3)  Any  person  holding  an  inquiry  under  this  section  may  exercise  such  of  the  powers  of  an 
Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the 
inquiry.  

(4)  The  person  holding  an  inquiry  under  this  section  shall  make  a  report  to  the  Central 
Government  stating  the  causes  of  the  accident  and  its  circumstances,  and  adding  any  observations 
which he or any of the assessors may think fit to make. 

25.  Notice  of  certain  diseases.—(1)Where  any  person  employed  in  mine  contracts  any 
diseasenotified by the Central Government in the Official Gazette as a disease connected with mining 
operations, the owner, agent or manager of the mine, as the case may be, shall send notice thereof to 
the  Chief  Inspector  and  to  such  other  authorities,  in  such  form  and  within  such  time  as  may  be 
prescribed. 

 (2) If any medical practitioner attends on a person who is or has been employed in a mine and 
who  is  or  is  believed  by  the  medical  practitioner  to  be  suffering  from  any  disease  notified  under  
sub-section  (1),  the  medical  practitioner  shall  without  delay  send  a  report  in  writing  to  the  Chief 
Inspector stating— 

(a) the name and address of the patient, 

(b) the disease from which the patient is or is believed to be suffering, and 

(c) the name and address of the mine in which the patient is or was lastemployed. 

 (3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector 
by  the  certificate  of  a  certifying  surgeon  or  otherwise  that  the  person  is  suffering  from  a  disease 
notified  under  sub-section  (1),  the  Chief  Inspector  shall  pay  to  the  medical  practitioner  such  fee  as 
may  be  prescribed,  and  the  fee  so  paid  shall  be  recoverable  as  an  arrear  of  land  revenue  from  the 
owner, agent or manager of the mine in which the person contacted the disease. 

 (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be 

punishable with fine which may extend to fifty rupees. 

26. Power to direct investigation of causes of disease.—(1)The Central Government may, if it 
considers it expedient to do so, appoint a competent person to inquire into and report to it on any case 
where  a  disease  notified  under  sub-section  (1)  of  section  25  has  been  or  is  suspected  to  have  been 
contacted in a mine, and may also appoint one or more persons possessing legal or special knowledge 
to act as assessors in such inquiry. 

(2) The provisions  of sub-sections (2) and (3) of section 24 shall apply to an inquiry under this 

section in the same manner as they apply to any inquiry under that section 

1. Subs. by Act 62 of 1959, s. 13, for sub-section (1) (w.e.f. 16-1-1960).    
2. Certain words omitted by s. 13, ibid. (w.e.f. 16-1-1960).  

19 

 
                                                      
 
27.  Publication  of  reports.—The  Central  Government  may  cause  any  report  submitted  by  a 
Committee under 1[section 12] or any report of extracts from any report submitted to it under section 
26, and shall cause every report submitted by a Court of inquiry under section 24 to be published at 
such time and in such manner as it may think fit. 

CHAPTER VI 

HOURS AND LIMITATION OF EMPLOYMENT 

28.Weekly day of rest.—No person shall be allowed to work in a mine on more than six days in 

any one week. 

29.Compensatory days of rest.—(1) Where in pursuance of action under section 38 or as a result 
of exempting any mine or the persons employed therein from the provisions of section 28, any person 
employed therein is deprived of any of the weekly days of rest for which provision is made in section 
28, he shall be allowed, within the month in which such days of rest were due to him or within the two 
months immediately following that month, compensatory days of rest equal in number to the days of 
rest of which he has been deprived. 

(2)  The  Central  Government  may  prescribe  the  manner  in  which  the  days  of  rest  for  which 

provision is made in sub-section (1) shall be allowed. 

30.  Hours  of  work  above  ground.—(1)  No  adult  employed  above  ground  in  a  mine  shall  be 
required or allowed to work for more than forty-eight hours in any week or for more than nine hours 
in any day: 

2[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours 

specified in this sub-section may be exceeded in order to facilitate the change of shifts.] 

(2) The  periods  of  work  of  any  such  adult shall  be so  arranged that, along  with his interval  for 
rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more 
than five hours continuously before he has had an interval for rest of at least half an hour: 

3[Provided that the Chief Inspector may, for reasons to be recorded in writing and subject to such 
conditions as he may deem fit to impose, permit the spread-over to extend over a period not exceeding 
fourteen hours in any day.] 

4[(3) Persons belonging to two or more shifts shall not be allowed to do work of the same kind 

above ground at the same time: 

Provided  that,  for  the  purposes  of  this  sub-section,  persons  shall  not  be  deemed  to  belong  to 

separate shifts by reason only of the fact that they receive their intervals for rest at different times.] 

5[31.  Hours  of  work  below  ground.—(1)No  adult  employed  below  ground  in  a  mine  shall  be 
allowed to work for more than forty-eight hours in any week or for more than eight hours in any day:  

Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours 

specified in this sub-section may be exceeded in order to facilitate the change of shifts. 

(2)No work shall be carried on below ground in any mine except by a system of shifts so arranged 
that the period of work for each shift is not spread-over more than the daily maximum hours stipulated 
in sub-section (1). 

(3)No  person  employed  in  a  mine  shall  be  allowed  to  be  present  in  any  part  of  a  mine  below 
ground except during the periods of work shown in respect of him in the register maintained under 
sub-section (4) of section 48.] 

1. Subs. by Act 42 of 1983, s. 18, for “section 13” (w.e.f. 31-5-1984).   
2. The proviso added by Act 62 of 1959, s. 14 (w.e.f. 16-1-1960). 
3. Subs. by s. 14,ibid., for the proviso (w.e.f. 16-1-1960). 
4. Subs. by s. 14, ibid., for sub-section (3) (w.e.f. 16-1-1960).  
5. Subs. by s. 15, ibid., for section 31 (w.e.f. 16-1-1960). 

20 

 
                                                      
1[32.Night shift.—Where a person employed in a mine works on a shift which extends beyond 

midnight— 

(a) for the purposes of sections 28 and 29, a weekly day of rest shall mean in his case a period 

of twenty-four consecutive hours beginning when his shift ends; 

(b) the following day for him shall be deemed to be the period of twenty-four hours beginning 
when such shift ends, and the hours he has worked after midnight shall be counted in the previous 
day.] 
33.  Extra  wages  for  overtime.—2[(1)Where  in  a  mine  a  person  works  above  ground  for  more 
than nine hours in any day, or works below ground for more than eight hours in any day or works for 
more than forty-eight hours in any week whether above ground or below ground, he shall in respect of 
such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of 
overtime  work  being  calculated  on  a  daily  basis  or  weekly  basis,  whichever  is  more  favourable  to 
him; and]  

3[(2)  Where  any  person  employed  in  a  mine  is  paid  on  piece-rate  basis,  the  time-rate  shall  be 
taken  as equivalent to the daily  average  of  his  full-time  earnings  for  the  days  on  which  he  actually 
worked  during  the  week  immediately  preceding  the  week  in  which  overtime  work  has  been  done, 
exclusive of any overtime, and such time-rate shall be deemed to be the ordinary rate of wages of such 
person: 

Provided that if such person has not worked in the preceding week on the same or identical job, 
the time-rate shall be based on the average for the days he has worked in the same week excluding the 
overtime or on the daily average of his earnings in any preceding week, whichever is higher.  

Explanation.—For  the  purposes  of  this  section,  “ordinary  rate  of  wages”  shall  have  the  same 

meaning as in the Explanation to sub- section (3) of section 9A.] 

(4)  The  Central  Government  may  prescribe  the  registers  to  be  maintained  in  a  mine  for  the 

purpose of securing compliance with the provisions of this section. 

4[34.Prohibition of employment of certain persons.—No person shall be required or allowed to 

work in a mine if he has already been working in any other mine within the preceding twelve hours.] 

5[35.Limitation  of  daily  hours  of  work  including  overtime  work.—Save  in  respect  of  cases 
falling within clause (a) and-clause (e) of section 39, no person employed in a mine shall be required 
or allowed to work in the mine for more than ten hours in any day inclusive of overtime.] 

36.Notices regarding hours of work.—(1)The manager of every mine shall cause to be posted 
outside the office of the mine a notice in the prescribed form stating the time of the commencement 
and of the end of work at the mineand, if it is proposedto work by a system of relays, the time of the 
commencement and of the end of work for each relay. 

(2) In the case of a mine at which mining operations commence after the commencement of this 
Act, the notice referred to in sub-section (1) shall be posted not less than seven days before the com- 
mencement of work. 

(3) The notice referred to in sub-section (1) shall also state the time of the commencement and of 
the intervals for rest for persons employed above ground and a copy thereof shall be sent to the Chief 
Inspector, if he so requires. 

1.  Subs. by Act 62 of 1959, s. 16, for section 32 (w.e.f. 16-1-1960).    
2. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 16-1-1960). 
3. Subs. by Act 42 of 1983, s. 19, for “sub-sections (2) and (3)” (w.e.f. 31-5-1984).     
4. Subs. by Act 62 of 1959, s. 18, for section 34 (w.e.f. 16-1-1960).    
5. Subs. by s. 19, ibid., for section 35 (w.e.f. 16-1-1960). 

21 

 
                                                      
 
(4) Where it is proposed to make any alteration in the time fixed for the commencement or for the 
end of work in the mine generally or for any relay or in the rest intervals fixed for persons employed 
above ground, an amended notice in the prescribed form shall be posted outside the office of the mine 
not  less  than  seven  days  before  the  change  is  made,  and  a  copy  of  such  notice  shall  be  sent  to  the 
Chief Inspector not less than seven days before such change. 

(5) No person shall be allowed to work in a mine otherwise than in accordance with the notice 

required by sub-section (1). 

37.Supervising staff.—Nothing in section 28, section 30, section 31, section 34 or  1[sub-section 
(5)  of  section  36],  shall  apply  to  persons  who  may  by  rules  be  defined  to  be,  persons,  holding 
positions of supervision or management or employed in a confidential capacity. 

38. Exemption from provisions regarding employment.—(1)In case of an emergency involving 
serious  risk  to  the  safety  of  the  mine  or  of  persons  employed  therein,  or  in  case  of  an  accident, 
whether actual or apprehended, or in case of any act of God or in case of any urgent work to be done 
to machinery, plant or equipment of the mine as the result of break-down of such machinery, plant or 
equipment,  the  manager  may,  subject  to  the  provisions  of  section  22  2[and  section  22A]  and  in 
accordance with the rules under section 39, permit persons to be employed in contravention of section 
28,  section  30,  section  31,  section  34  or  1[sub-section  (5)  of  section  36],  on  such  work  as  may  be 
necessary to protect the safety of the mine or of the persons employed therein: 

Provided that, in case of any urgent work to be done to machinery, plant or equipment under this 
section  the  manager  may  take  the  action  permitted  by  this  section,  although  the  production  of 
3[mineral] would thereby be incidentally affected, but any action so taken shall not exceed the limits 
necessary for the purpose of avoiding serious interference with the ordinary working of the mine. 

(2)  Every  case  in  which  action  has  been  taken  by  the  manager  under  sub-section  (1),  shall  be 
recorded together with the circumstances relating thereto and a report thereof shall also be made to the 
Chief Inspector or the Inspector. 

4[39.Power to make exempting rules.—5[The central government] may make rules providing for 
for  the  exemption  to  such  extent,  in  such  circumstances  and  subject  to  such  conditions  as  may  be 
specified, from the provisions of sections 28, 30, 31, 34 or sub-section (5) of section 36— 

(a) of all or any of the persons employed in a mine, where an emergency involving serious 

risk to the safety of the mine or of the persons employed therein is apprehended; 

(b) of all or any of the persons so employed, in case of an accident, actual or apprehended; 

(c) of all or any of the persons engaged in work of a preparatory or complementary nature, 
which  must  necessarily  be  carried  on  for  the  purpose  of  avoiding  serious  interference  with  the 
ordinary working of the mine; 

(d) of all or any of the persons engaged in urgent repairs; and 

(e)  of  all or  any  of  the persons  employed  in any  work  which  for technical  reasons  must  be 

carried on continuously.] 
6[40. Employment of persons below eighteen years of age.—(1)After the commencement of the 
the  Mines  (Amendment)  Act,  1983  (42  of  1983),  no  person  below  eighteen  years  of  age  shall  be 
allowed to work in any mine or part thereof.  

1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “sub-section (4) of section 36”. 
2.  Ins. by Act 42 of 1983, s.20 (w.e.f.31-5-1984). 
3.  Subs. by Act 62 of 1959, s. 20, for “coal” (w.e.f. 16-1-1960). 
4.  Subs. by s. 21,ibid., for section 39 (w.e.f. 16-1-1960). 
5. Subs. by Act 42 of 1983, s. 21, for certain words (w.e.f. 31-5-1984).     
6. Subs. bys. 22,ibid., for section 40 (w.e.f. 31-5-1984). 

22 

 
                                                      
(2)  Notwithstanding  anything  contained  in  sub-section  (1),  apprentices  and  other  trainees,  not 
below  sixteen  years  of  age,  may  be  allowed  to  work,  under  proper  supervision,  in  a  mine  or  part 
thereof by the manager:  

Provided that in the case of trainees, other than apprentices, prior approval of the Chief Inspector 

or an Inspector shall be obtained before they are allowed towork. 

Explanation.—In this section and in section 43,  “apprentice” means an apprentice as defined in 

clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961).] 

41.  [Certificate  of  fitness.]  Omitted  by  the  Mines  (Amendment)  Act  1983(42  of  1983),  s.  23  

(w.e.f. 31-5-1984). 

42.  [Effect  of  certificate  of  fitness  granted  to  adolescents.]  Omitted  by  s.  23,  ibid. 

(w.e.f. 31-5-1984). 

1[43.  Power  to  require  medical  examination.—(1)Where  an  Inspector  is  of  opinion  that  any 
person employed in a mine otherwise than as an apprentice or other trainee is not an adult or that any 
person employed in a mine as an apprentice or other trainee is either below sixteen years of age or is 
no longer fit to work, the Inspector may serve on the manager of the mine a notice requiring that such 
person shall be examined by a certifying surgeon and such person shall not, if the Inspector so directs, 
be employed or permitted to work in any mine until he has been so examined and has been certified 
that he is an adult or, if such person is an apprentice or trainee, that he is not below sixteen years of 
age and is fit to work. 

(2)Every certificate granted by a certifying surgeon on a reference under sub-section (1), shall, for 

the purpose of this Act, be conclusive evidence of the matters referred therein.] 

44.[Working hours for adolescents notcertified to be fit for work as adults.] Omitted by the Mines 

(Amendment) Act1983 (42 of 1983),s. 25 (w.e.f.31-5-1984). 

2[45. Prohibition of the presence of persons below eighteen years of age in a mine.—Subject 
to the provisions of sub-section (2) of section 40, after such date as the Central Government may, by 
notification in the Official Gazette, appoint in this behalf, no person below eighteen years of age shall 
be allowed to be present in any part of a mine above ground where any operation connected with or 
incidental to any mining operation is being carried on.] 

3[46. Employment of women.—(1)No woman shall, notwithstanding anything contained in any 

other law, be employed— 

(a) in any part of a mine which is below ground; 

(b) in any mine above ground except between the hours of 6 A.M. and 7 P.M. 

(2) Every woman employed in a mine above ground shall be allowed an interval of not less than 
eleven hours between the termination of employment on any one day and the commencement of the 
next period of employment. 

(3)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Central  Government  may,  by 
notificationin the Official Gazette, vary the hours of employment above ground of women in respect 
of any mine or class or description of mine, so however that no employment of any woman between 
the hours of 10 P.M. and 5 A.M. is permitted thereby.] 

47.  [Disputes  as  to  age.]  Omitted  by  the  Mines  (Amendment)  Act,  1959  (62  of  1959),  s.  28  

(w.e.f. 16-1-1960). 

1. Subs. by Act 42 of 1983, s. 24, for section 43 (w.e.f. 31-5-1984). 
2. Subs. by s. 26, ibid., for section 45 (w.e.f. 31-5-1984). 
3. Subs. by Act 62 of 1959, s. 27, for section 46 (w.e.f. 16-1-1960). 

23 

 
                                                      
 
48. Registers of persons employed.—1[(1)For every mine there shall be kept in the prescribed 
form  and  place  a  register  of  all  persons  employed  in  the  mine  showing  in  respect  of  each  such 
person— 

(a) the name of the employee with the name of his father or, of her husband, as the case may 

be, and such other particulars as may be necessary for purposes of identification; 

(b) the age and sex of the employee; 

(c) the nature of employment (whether above ground or below ground, and if above ground, 

whether in open cast workings or otherwise) and the date of commencement thereof; 

2* 

* 

* 

* 

* 

(e) such other particulars as may be prescribed; and the relevant entries shall be authenticated 

by the signature or the thumb impression of the person concerned.]  

(2) The entries in the register prescribed by sub-section (1) shall be such that workers working in 
accordance therewith would not be working in contravention of any of the provisions of this Chapter.  

(3) No person shall be employed in a mine until the particulars required by sub-section (1) have 
been recorded in the register in respect of such person and no person shall be employed except during 
the periods of work shown in respect of him in the register.  

3[(4) For every mine other than a mine which, for any special reason to be recorded, is exempted 
by the Central Government by general or special order, there shall be kept in the prescribed form and 
place separate registers showing in respect of each person employed in the mine— 

(a) below ground; 

(b) above ground in open cast workings; and 

(c) above ground in other cases— 

(i) the name of the employee; 

(ii) the class or kind of his employment; 

(iii) where work is carried on by a system of relays, the shift to which he belongs and the 

hours of the shift.] 

(5) The register  of  persons  employed  below  ground  referred  to in  sub-section  (4)  shall show  at 

any moment the name of every person who is then present below ground in the mine.  

4[(6)  No  person  shall  enter  any  open  cast  working  or  any  working  below  ground  unless  he  has 

been permitted by the manager or is authorised under this Act or any other law to do so.] 

CHAPTER VII 

LEAVE WITH WAGES 

5[49.Application of Chapter.—The provisions of this Chapter shall not operate to the prejudice 
of any right to which a person employed in a mine may be entitled under any other law or under the 
terms of any award, agreement or contract of service: 

1. Subs. by Act 62 of 1959, s. 29, for sub-section (1) (w.e.f. 16-1-1960) 
2. Omitted by Act 42 of 1983, s. 27 (w.e.f. 31-5-1984). 
3. Subs. by Act 62 of 1959, s. 29, for sub-section (4) (w.e.f. 16-1-1960). 
4. Ins. by s. 29, ibid. (w.e.f. 16-1-1960). 
5. Subs by s. 30, ibid., for sections 49 to 56 (w.e.f. 16-1-1960). 
24 

 
 
 
 
 
 
 
 
                                                      
1[Provided that if such award, agreement or contract of service, provides for a longer annual leave 
with wages than that provided in this Chapter, the quantum of leave, which the person employed shall 
be entitled to, shall be in accordance with such award, agreement or contract of service, but leave shall 
be regulated in accordance with the provisions of sections 50 to 56 (both inclusive) with respect to 
matters not provided for in such award, agreement or contract of service.] 

50.Leave defined.—For the purposes of this Chapter, leave shall not include weekly days of rest 
or  holidays  for  festivals  or  other  similar  occasions  whether  occurring  during  or  at  either  end  of the 
period of leave. 

51.  Calendar  year  defined.—For  the  purposes  of  this  Chapter,  a  calendar  year  shall  mean  the 

period of twelve months beginning with the first day of January in any year. 

52.  Annual  leave  with  wages.—(1)Every  person  employed  in  a  mine  who  has  completed  a 
calendar  year’s  service  therein  shall  be  allowed,  during  the  subsequent  calendar  year,  leave  with 
wages, calculated,— 

(a) in the case of a person employed below ground, at the rate of one day for every  2[fifteen 

days] of work performed by him, and 

(b) in any other case, at the rate of one day for every twenty days of work performed by him. 

(2)  A  calendar  year’s  service  referred  to  in  sub-section  (1)  shall  be  deemed  to  have  been 

completed,— 

(a) in  the  case  of  a  person  employed  below  ground  in  a  mine,if  he  has  during  the  calendar 

year put in not less than one hundred and ninety attendances at the mine; and 

(b) in the case of any other person, if he has during the calendar year put in not less than two 

hundred and forty attendances at the mine. 

Explanation.—For the purpose of this sub-section— 

(a) any days of lay-off by agreement or contract or as permissible under the standing order; 

(b) in the case of a female employee, maternity leave for any number of days not exceeding 

twelve weeks; and 

(c) the leave earned in the year prior to that in which the leave is enjoyed;  

shall  be  deemed  to  be  the  days  on  which  the  employee  has  worked  in  a  mine  for  the  purpose  of 
computation of the attendances, but he shall not earn leave for these days. 

(3) A person whose service commences otherwise than on the first day of January shall be entitled 

to leave with wages in the subsequent calendar year at the rates specified in sub-section (1), if— 

(a) in the case of a person employed below ground in a mine, he has put in attendances for not 

less than one-half of the total number of days during the remainder of the calendar year; and 

(b) in any other case, he has put in attendances for not less than two-thirds of the total number 

of days during the remainder of the calendar year. 

(4)  Any  leave  not  taken  by  a  person  to  which  he  is  entitled  in  any  one  calendar  year  under  
sub-section (1) or sub-section (3) shall be added to the leave to be allowed to him under sub-section 
(1) during the succeeding calendar year: 

Provided that the total number of days of leave which may be accumulated by any such person 

shall not at any one time exceed thirty days in all:  

Provided  further  that  any  such  person  who  has  applied  for  leave  with  wages  but  has  not  been 
given such leave in accordance with sub-section (6) shall be entitled to carry forward the unavailed 
leave without any limit.  

1. Subs. by Act 42 of 1983, s. 28, for the proviso (w.e.f. 31-5-1984).  
2. Subs. by s. 29, ibid., for “sixteen days” (w.e.f. 31-5-1984). 

25 

 
                                                      
(5) Any such person may apply in writing to the manager of the mine not less than fifteen days 
before  the  day  on  which  he  wishes  his  leave  to  begin,  for  all  leave  or  any  portion  thereof  then 
allowable to him under sub-sections (1), (3) and (4): 

Provided that the number of times in which leave may be taken during any one calendar year shall 

not exceed three. 

(6)  An  application  for  such  leave  made  in  accordance  with  sub-section  (5)  shall  not  be  refused 
unless the  authority  empowered to  grant the  leave  is  of opinion  that  owing  to  the  exigencies  of the 
situation the leave should be refused. 

(7) If a person employed in a mine wants to avail himself of the leave with wages due to him to 
cover a period of illness, he shall be granted such leave even if the application for leave is not made 
within the time specified in sub-section (5). 

(8)  If  the  employment  of  a  person  employed  in  a  mine  is  terminated  by  the  owner,  agent  or 
manager  of  the  mine  before  he  has  taken  the  entire  leave  to  which  he  is  entitled  up  to  the  day  of 
termination of his employment, or if such person having applied for and having not been granted such 
leave, quits his employment before he has taken the leave, the owner, agent or manager of the mine 
shall  pay  him  the  amount  payable  under  section  53,  in  respect  of  the  leave  not  taken,  and  such 
payment  shall  be  made,  where  the  employment  of  the  person  is  terminated  by  the  owner,  agent  or 
manager,  before  the  expiry  of  the  second  working  day  after  such  termination,  and  where  a  person 
himself quits his employment, on or before the next pay day. 

(9) The unavailed leave of a person employed in a mine shall not be taken into consideration in 

computing the period of any notice required to be given before the termination of his employment.  

1[(10) Where a person employed in a mine is discharged or dismissed from service or quits his 
employment or is superannuated or dies while in service, he or his heirs or his nominee, as the case 
may be, shall be entitled to wages in lieu of leave due to him calculated at the rate specified in sub-
section (1), if,— 

(a) in the case of a person employed below ground in a mine, he has put in attendance for not 
less than one-half of the total number of days from the date of his employment to the date of his 
discharge or dismissal or quitting of employment or superannuation or death; and 

(b) in any other case, he has put in attendance for not less than two-thirds of the total number 
of days from the date of his employment to the date of his discharge or dismissal or quitting of 
employment or superannuation or death, 

and  payment  of  such  wages  shall  be  made  by  the  owner,  agent  or  manager  of  the  mine  at  the  rate 
specified in section53, where the person is discharged or dismissed from service or quits employment 
or  is  superannuated,  before  the  expiry  of  the  second  working  day  after  such  discharge,  dismissal, 
quitting of employment or superannuation, as the case may be, and where the person employed dies 
while in service, within a period of two months of his death.] 

Explanation.—For the purposes of  2[sub-sections (1),(3) and (10)] any fraction of leave of half a 

day or more shall be treated as one full day and fraction of less than half a day shall be omitted. 

53. Wages during leave period.—For the leave allowed to a person employed in a mine under 
section 52, he shall be paid at a rate equal to the daily average of his total full-time earnings for the 
days on which he was employed during the month immediately preceding his leave, exclusive of any 
over-time  wages  and  bonus  but  inclusive  of  any  dearness  allowance  and  compensation  in  cash 
including such compensation, if any, accruing through the free issue of foodgrains and other articles 
as persons employed in the mine may, for the time being, be entitled to: 

1. Ins. by Act 42 of 1983, s. 29 (w.e.f. 31-5-1984). 
2. Subs. by Act 42 of 1983, s. 29, for “sub-sections (1) and (3)” (w.e.f. 31-5-1984). 

26 

 
                                                      
Provided that if no such average earnings are available, then the average shall be computed on the 
basis of the daily average of the total full-time earnings of all persons similarly employed for the same 
month. 

54.Payment  in  advance  in  certain  cases.—Any  person  employed  in  a  mine  who  has  been 
allowed leave for not less than four days, shall, before his leave begins, be paid the wages due for the 
period of the leave allowed. 

55.Mode of  recovery  of  unpaid wages.—Any  sum  required to  be  paid  by  the owner,  agent  or 
manager  of  a  mine  under  this  Chapter  but  not  paid  by  him  shall  be  recoverable  as  delayed  wages 
under the provisions of the Payment of Wages Act, 1936 (4 of 1936). 

56.Power  to  exempt  mines.—Where  the  Central  Government  is  satisfied  that  the  leave  rules 
applicable  to  persons  employed  in  any  mine  provide  benefits  which  in  its  opinion  are  not  less 
favourable  than  those  provided  for  in  this  Chapter,  it  may,  by  order  in  writing  and  subject  to  such 
conditions  as  may  be  specified  therein,  exempt  the  mine  from  all  or  any  of  the  provisions  of  this 
Chapter.] 

CHAPTER VIII 

REGULATIONS, RULES AND BYE-LAWS 

57.  Power  of  Central  Government  to  make  regulations.—The  Central  Government  may,  by 
notification  in  the  Official  Gazette,  make  regulations  consistent  with  this  Act  for  all  or  any  of  the 
following purposes, namely:— 

 (a)  for  prescribing  the  qualifications  required  for  appointment  as  Chief  Inspector  or 

Inspector; 

(b)  for  prescribing  and  regulating  the  duties  and  powers  of  the  Chief  Inspector  and  of 

Inspectors in regard to the inspection of mines under this Act; 

(c) for prescribing the duties of owners, agents and managers of mines and of persons acting 
under  them,  and  for  prescribing  the  1[qualifications  (including  age)  of  agents  and  managers]  of 
mines and of persons acting under them; 

(d) for requiring facilities to be provided for enabling managers of mines and other persons 

acting under them to efficiently discharge their duties; 

(e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications 
of managers of mines and persons acting under them, and the granting and renewal of certificates 
of competency;  

(f) for fixing the fees, if any, to be paid in respect of such examinations and of the  grant and 

renewal of such certificates; 

(g) for determining the circumstances in which and the conditions subject to which it shall be 
lawful for more mines than one to be under a single manager, or for any mineor mines to be under 
a manager not having the prescribed qualifications ; 

2[(h) for providing for inquiries to be made under this Act, including any inquiry relating to 
misconduct or incompetence on the part of any person holding a certificate under this Act and for 
the suspension or cancellation of any such certificate and for providing, wherever necessary, that 
the person appointed to hold an inquiry shall have all the powers of a civil court under the Code 
of Civil Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and 
compelling the production of documents and material objects;] 

(i) for regulating,  subject to  the  provisions  of  the  Indian  Explosives  Act,  1884  (4  of  1884), 

and of any rules made thereunder, the storage, conveyance and use of explosives; 

1. Subs. by Act 62 of 1959, s. 31, for “qualifications of managers” (w.e.f. 16-1-1960). 
2. Subs. by s. 31, ibid., for clause (h) (w.e.f. 16-1-1960). 

27 

 
                                                      
1[(j) for prohibiting, restricting or regulating the employment of  2*** women in mines or in 
any class of mines or onparticular kinds of labour which are attended by danger to the life, safety 
or health of such persons and for limiting the weight of any single load that may be carried by any 
such person;] 

(k)  for  providing  for the  safety  of the persons  employed  in  a  mine,  their  means  of entrance 
thereinto and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of 
shafts, pits, outlets, pathways and subsidences; 

(1)  for  prohibiting  the  employment  in  a  mine  either  as  manager  or  in  any  other  specified 
capacity of any person except persons paid by the owner of the mine and directly answerable to 
the owner or manager of the mine; 

3[(m)  for  providing  for  the  safety  of  the  roads  and  working  places  in  mines,  including  the 
siting,  maintenance  and  extraction  or  reduction  of  pillars  or  blocks  of  minerals  and  the 
maintenance of sufficient barriers between mine and mine; 

(n) for the inspection of workings and sealed off fire-areas in a mine, and for the restriction of 
workings in the vicinityof the sea or any lake or river or any other body of surface water, whether 
natural or artificial, or of any public road or building, and for requiring due precaution to be taken 
against the irruption or inrush of water or other liquid matter into, outbreak of fire in or premature 
collapse of, any workings;] 

(o) for providing for the ventilation of mines and the action to be taken in respect of dust, fire, 
and  inflammable  and  noxious  gases,  including  precautions  against  spontaneous  combustion, 
underground fire and coal dust; 

4[(p) for regulating, subject to the provisions of the Indian Electricity Act, 1910 (9 of 1910), 
and ofany rules made thereunder, the generation, storage, transformation, transmission and use of 
electricity  in  mines  and  for  providing  for  the  care and  the  regulation  of  the  use  of  all  electrical 
apparatus and electrical cables in mines and of all other machinery and plant therein;] 

(q)  5[for  regulating  the  use  of  machinery  in  mines,  for  providing  for  the  safety  of  persons 
employed on or near such machinery and on haulage roads] and for restricting the use of certain 
classes of locomotives underground; 

(r) for providing for proper lighting of mines and regulating the use of safety lamps therein 

and for the search of persons entering a mine in which safety lamps are in use; 

(s) for providing against explosions or ignitions 6[of inflammable gas or dust] or irruptions of 
or  accumulations  of  water  in  mines  and  against  danger  arising  therefrom  and  for  prohibiting, 
restricting  or  regulating  the  extraction  of  minerals  in  circumstances  likely  to  result  in  the 
premature  collapse  of  6[workings]  or  to  result  in  or  to  aggravate  the  collapse  of  6[workings]  or 
irruptions of water or ignitions in mines; 

(t)  7[for prescribing under clause (g) of  sub-section (1) of section 23, the types of accidents 
and for prescribing the notices] of accidents and dangerous occurrences and the notices, reports 
and returns of mineral output, persons employed and other matters provided for by regulations, to 
be  furnished  by  owners,  agents  and  managers  of  mines,and  for  prescribing  the  forms  of  such 

1. Subs. by Act 62 of 1959, s. 31, for clause (j) (w.e.f. 16-1-1960). 
2. The words “adolescents and” omitted by Act 42 of 1983, s. 30 (w.e.f. 31-5-1984). 
3.  Subs. by Act 62 of 1959, s. 31, for clauses (m) and (n) (w.e.f. 16-1-1960).  
4. Subs. by s. 31, ibid., for clause (p) (w.e.f. 16-1-1960). 
5. Subs.by Act 42 of 1983, s. 30, for certain words (w.e.f. 31-5-1984). 
6. Ins. by Act 62 of 1959, s. 31 (w.e.f. 16-1-1960).   
7. Subs. by s. 31, ibid., for “for prescribing the notices” (w.e.f. 16-1-1960). 

28 

 
                                                      
 
notices,  returns  and  reports,  the  persons  and  authorities  to  whom  they  are  to  be  furnished,  the 
particulars to be contained in them, and the time within which they are to be submitted;  

1[(u)  2[for requiring owners, agents and managers of mines to have fixed boundaries for the 
mines,  for  prescribing  the plans and  sections  and  field  notes  connected  therewith  to  be  kept  by 
them] and the manner and places in which such plans, sections and field notes are to be kept for 
purposes  of  record  and  for  the  submission  of  copies  thereof  to  the  Chief  Inspector;  and  for 
requiring the making of fresh surveys and plans bythem, and in the event of non-compliance, for 
having  the  survey  made  and  plans  prepared  through  any  other  agency  and  for  the  recovery  of 
expenses thereof in the same manner as an arrear of land revenue;] 

 (v)  for  regulating  the  procedure  on  the  occurrence  of  accidents  or  accidental  explosions  or 

ignitions in or about mines 3[for dealing effectively with the situation]; 

(w) for prescribing the form of, and the particulars to be contained in, the notice to be given 

by the owner, agent or manager of a mine under section 16; 

 (x) for prescribing the notice to be given by the owner, agent or manager of a mine before 
mining operations are commenced at or extended to any point within  4[forty-five metres] of any 
railway subject to the provisions of the Indian Railways Act, 1890 (9 of 1890), or of any 5[public 
roads or other works, as the case may be, which are maintained by the Government or any local 
authority]; 

 (y) for the protection from injury, in respect of any mine when the workings are discontinued, 
of property vested in the Government or any local authority or railway company as defined in the 
Indian Railways Act, 1890 (9 of 1890);  

6[(yy) for requiring protective works to be constructed by the owner, agent or manager of a 
mine  before  the  mine  is  closed,  and  in  the  event  of  non-compliance,  for  getting  such  works 
executed  by  any  other  agency  and  for  recovering  the  expenses  thereof  from  such  owner  in  the 
same manner as an arrear of land revenue;] 

 (z) for requiring the fencing of any mine or part of a mine or any quarry, incline, shaft, pit or 
outlet, whether the same is being worked or not, or any dangerous or prohibited area, subsidence, 
haulage,  tramline  or  pathway,  where  such  fencing  is  necessary  for  the  protection  of  the  public; 
and  

(zz) any other matter which has to be or may be prescribed. 

58.Power  of  Central  Government  to  make  rules.—The  Central  Government  may,  by 
notification in the Official Gazette, make rules consistent with this Act for all or any of the following 
purposes, namely:— 

7[(a) for providing the term of office and other conditions of service of, and the manner of filling 
vacancies among, the members of a Committee and for regulating the procedure to be followed by a 
committee for transacting its business;] 

(b) for prescribing the form of the register referred to in sub-section (3) of section 23; 

(c)  for  providing  for  the  appointment  of  Courts  of  inquiry  under  section  24,  for  regulating  the 
procedure and powers of such Courts, for the payment of travelling allowance to the members, and for 

1. Subs. by Act 62 of 1959, s. 31, for clause (u) (w.e.f. 16-1-1960).    
2. Subs. by Act 42 of 1983, s. 30, for certain words (w.e.f. 31-5-1984). 
3.  Ins. by s. 30, ibid. (w.e.f. 31-5-1984).  
4.  Subs. by s. 30, ibid., for “fifty yards” (w.e.f. 31-5-1984). 
5. Subs. by Act 62 of 1959, s. 31, for certain words (w.e.f. 16-1-1960).   
6.  Ins. by s. 31, ibid. (w.e.f. 16-1-1960).    
7. Subs. by Act 42 of 1983, s. 31, for clause (a) (w.e.f. 31-5-1984). 

29 

 
                                                      
the recovery of the expenses of such Courts 1[including any other expenses connected with the inquiry 
2[in  the  same  manner  as  an  arrear  of  land  revenue]]  from  the  manager,owner  or  agent  of  the  mine 
concerned; 

2[(cc) for providing for inspection of mines to be carried out on behalf of the persons employed 
therein by a technical expert (not less than an overman in status), the facilities therefor, the frequency 
at  which  and  the  manner  in  which  such  inspections  are  to  be  carried  out  and  the  manner  in  which 
reports of such inspections are to be made:] 

(d) for requiring the maintenance in mines wherein any women are employed or were employed 
on any day of the preceding twelve months of suitable rooms to be reserved for the use of children 
under  the  age  of  six  years  belonging  to  such  women,  and  for  prescribing,  either  generally  or  with 
particular reference to the number of women employed in the mine the number and standards of such 
rooms, and the nature and extent of the amenities to be provided and the supervision to be exercised 
therein; 

(e)  for  requiring  the  maintenance  at  or  near  pit-heads  of  bathing  places  equipped  with  shower 
baths and of locker-rooms for the use of men employed in mines and of similar and separate places 
and  rooms  for  the  use  of  women  in  mines  where  women  are  employed,  and  for  prescribing,  either 
generally  or  with  particular  reference  to  the  numbers  of  men  and  women  ordinarily  employed  in  a 
mine, the number and standards of such places and rooms; 

(f) for prescribing the standard of  sanitation to be maintained and the scale of latrine and urinal 
accommodation to be provided at mines, the provision to be made for the  supply of drinking  water 
3***; 

1[(ff)  for  providing  for  the supply  and  maintenance  of  medical  appliances  and  comforts  and  for 
prescribing the contents and number of first-aid boxes and cupboards, the training in first-aid work, 
the  size  and  equipment  of  first-aid  rooms  and  staff  in  charge  thereof  and  the  arrangements  for 
conveyance of injured persons to hospitals or dispensaries; 

(fff) for requiring the imparting of practical instruction to, or the training of, persons employed or 
to  be  employed  in  mines  otherwise  than  in  a  position  of  supervision  or  management  and  for 
prescribing schemes for such instruction and training;] 

(g) for prohibiting the possession or consumption of intoxicating drinks or drugs in a mine and the 

entry or presence therein of any person in a drunken state; 

(h) for prescribing the forms of notices required under section 36, and for requiring such notices 

to be posted also in specified languages; 

(i)  for  defining  the  persons  who  shall,  for  the  purpose  of  section  37,  be  deemed  to  be  persons 

holding positions of supervision or management or employed in a confidential capacity; 

(j) for prohibiting the employment in mines of persons or any class of persons who have not been 
certified by a qualified medical practitioner to have completed their fifteenth year, and for prescribing 
the manner and the circumstances in which such certificates may be granted and revoked;  

* 

4* 
1[(kk) for requiring persons employed or seeking employment at mines to submit themselves for 
medical examination and for prohibiting on medical grounds the employment of any person at a mine 
either absolutely or in a particular capacity or in particular work;] 

* 

* 

* 

5[(l) for prescribing the form of registers required by section 48 and the maintenance and form of 

registers for the purposes of Chapter VII;]  

1. Ins.by Act 62 of 1959, s. 32 (w.e.f. 16-1-1960).   
2. Ins. by Act 42 of 1983, s. 31 (w.e.f. 31-5-1984). 
3. Certain words omitted by Act 62 of 1959, s. 32 (w.e.f. 16-1-1960). 
4. Omitted by Act 42 of 1983, s. 31 (w.e.f. 31-5-1984). 
5. Subs. by Act 62 of 1959, s. 32, for clause (l) (w.e.f. 16-1-1960). 

30 

 
 
 
 
 
 
 
 
 
                                                      
(m) for prescribing abstracts of this Act and of the regulations and rules and the language in which 

the abstracts and bye-laws shall be posted as required by sections 61 and 62; 

 (n) for requiring notices, returns and reports in connection with any matters dealt with by rules to 
be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, 
returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be 
contained in them, and the times, within which they are to be submitted;  

(o) for requiring the provision and maintenance in mines, wherein more than  1*** fifty persons 
are ordinarily employed, of adequate and suitable shelters for taking food with provision for drinking 
water;  

(p) for requiring the provision and maintenance in any mine specified in this behalf by the Chief 
Inspector or Inspector, wherein more than two hundred and fifty persons are ordinarily employed, of a 
canteen or canteens for the use of such persons;  

(q)  for  requiring  the  employment  in  every  mine  wherein  five  hundred  or  more  persons  are 
ordinarily employed, of such number of welfare officers as may be specified and for prescribing the 
qualifications  and  the  terms  and  conditions  of,and  the  duties  to  be  performed  by,  such  welfare 
officers; 

2[(r) for requiring the establishment of rescue stations for specified mines or groups of specified 
mines or for all mines in a specified area and for prescribing how and by whom such stations shall be 
established; 

 (s) for providing for the management of rescue stations; 

 (sa)  for  providing  for  the  standards  of  physical  fitness  and  other  qualifications  of  the  persons 

constituting rescue brigades; 

 (sb) prescribing the places of residence of the persons constituting rescue brigades;] 
 (t)  for  prescribing  the  position,  equipment,  control,  maintenance  and  functions  of  3***  rescue 

stations;  

4[(u)  for  providing  for  the  levy  and  collection  of  a  duty  of  excise  (at  a  rate  not  exceeding  
twenty-five paise per tonne) on coke and coal produced in and despatched from mines specified under  
clause  (r),  the  creation  of a  rescue  stations  fund  for  such  mines,  the  crediting  to  such  fund  of  such 
sums of money as the Central Government may, after due appropriation made by Parliament by law in 
this behalf, provide from out of the proceeds of such cess credited to the Consolidated Fund of India, 
the manner in which the money from such fund shall be utilised and the administration of such fund;] 
 (v) For providing for the formation,training,composition and duties of rescue brigades  5***; and 

generally for the conduct of rescue work in mines; 6*** 

7[(vv)for  providing  for  the  constitution  of  safety  Committees  for  specified  mine  or  groups  of 
specified  mines  or  for  all  mines  in  a  specified  area  for  promoting  safety  and  for  laying  down  the 
composition, manner of formation and functions of such safety Committees, and;] 

(w) generally to provide for any matter not provided for by this Act or the regulations, provision 

for which is required in order to give effect to this Act. 

1.  The words “one hundred and” omitted by Act 62 of 1959, s. 32 (w.e.f. 16-1-1960). 
2. Subs. by Act 42 of 1983, s. 31, for clauses (r) and (s) (w.e.f. 31-5-1984). 
3. The word “Central” omitted by s. 31, ibid. (w.e.f. 31-5-1984). 
4. Subs. by s. 31, ibid., for clause (u) (w.e.f. 31-5-1984). 
5. Certain words omitted by s. 31, ibid. (w.e.f. 31-5-1984). 
6. The word “and” omitted by s. 31, ibid. (w.e.f. 31-5-1984). 
7. Ins. by s. 31, ibid. (w.e.f. 31-5-1984). 

31 

 
 
                                                      
59.  Prior  publication  of  regulation  and  rules.—(1)The  power  to  make  regulations  and  rules 
conferred by sections 57 and 58 is subject to the condition of the regulations and rules being  made 
after previous publication.  

(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses 
Act, 1897 (10 of 1897), as that after which a draft of regulations or rules proposed to be made will be 
taken under consideration, shall not be less than three months from the date on which the draft of the 
proposed regulations or rules is published for general information. 

* 

1* 
2[(4)  No  regulation  or  rule  shall  be  made  unless  the  draft  thereof  has  been  referred  to  the 
Committee  constituted  under  sub-section  (1)  of  section  12  and  unless  that  Committee  has  had  a 
reasonable opportunity of reporting as to the expediency of making the same and as to the suitability 
of its provisions.] 

* 

* 

* 

(5) Regulations and rules shall be published in the Official Gazette and, on such publication, shall 

have effect as if enacted in this Act.  

(6) The provisions of sub-sections (1), (2) and (4) shall not apply to the first occasion on which 

rules referred to in clause (d) or clause (e) of section 58 are made. 

3* 

* 

* 

* 

* 

60.Power  to  make  regulations  without  previous  publication.—Notwithstanding  anything 
contained in sub-sections (1), (2) and  4[(4)] of section 59, regulations under  5*** section 57 may be 
made without previous publication and without  6*** reference to  7[the Committee constituted under 
sub-section  (1)  of  section  12],  if  the  Central  Government  is  satisfied  that  for  the  prevention  of 
apprehended  danger  or  the  speedy  remedy  of  conditions  likely  to  cause  danger  it  is  necessary  in 
making  such  regulations  to  dispense  with  the  delay  that  would  result  from  such  publication  and 
reference: 

Provided that any regulations so made 8[shall be sent to the said Committee for information and] 

shall not remain in force for more than 9[one year] from the making thereof.  

61. Bye-laws.—(1)The owner, agent or manager of a mine may, and shall, if called upon to do so 
by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of 
such  bylaws,  not  being  inconsistent  with  this  Act  or  any  regulations  or  rules  for  the  time  being  in 
force,  10[governing  the  use  of  any  particular  machinery  or  the  adoption  of  a  particular  method  of 
working in the mine] as such owner, agent or manager may deem necessary to prevent accidents and 
provide for the safety, convenience and discipline of the persons employed in the mine. 

(2) If any such owner, agent or manager— 

(a) fails to submit within two months a draft of bye-laws after being called upon to do so by 

the Chief Inspector or Inspector, or 

1. Omitted by Act 62 of 1959, s. 33 (w.e.f. 16-1-1960). 
2. Subs. by Act 42 of 1983, s. 32, for sub-section (4) (w.e.f.31-5-1984). 
3. Omitted by s.32, ibid. (w.e.f.31-5-1984).  
4.  Subs. by Act 62 of 1959, s. 34, for “(3)” (w.e.f. 16-1-1960).   
5.  The  words,  brackets  and  letters  “clause  (i)  and  clauses  (k)  to  (s)  excluding  clause  (1)  of”  omitted  by  s.  34,  ibid.  

(w.e.f. 16-1-1960). 

6. The word “previous” omitted by s. 34, ibid. (w.e.f. 16-1-1960). 
7. Subs. by Act 42 of 1983, s. 33, for “Mining Boards” (w.e.f. 31-5-1984). 
8. Ins. by s. 33, ibid. (w.e.f. 31-5-1984). 
9. Subs. by Act 62 of 1959, s. 34, for “two years” (w.e.f. 16-1-1960).   
10. Subs. by Act 42 of 1983, s. 34, for certain words (w.e.f. 31-5-1984). 

32 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
(b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or Inspector 

sufficient,  

the Chief Inspector or Inspector may— 

 (i) propose a draft of such bye-laws as appear to him to be sufficient, or 

(ii) propose such amendments in any draft submitted to him by the owner, agent or manager 
as will, in his opinion, render it sufficient, and shall send such draft bye-laws or draft amendments 
to the owner, agent or manager as the case may be, for consideration. 

(3)  If  within  a  period  of  two  months  from  the  date  on  which  any  draft  bye-laws  or  draft 
amendments  are  sent  by  the  Chief  Inspector  or  Inspector  to the owner, agent  or  manager  under  the 
provisions of sub-section (2), the Chief Inspector or Inspector and the owner, agent or manager are 
unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief Inspector 
or  Inspector  shall  refer  the  draft  bye-laws  for  settlement  to  the  1[Committee  constituted  under  sub-
section (1) of section 12]. 

(4) (a)  When such  draft  bye-laws  have  been  agreed to  by  the  owner, agent  or manager  and  the 
Chief Inspector or Inspector, or, when they are unable to agree, have been settled by the 1[Committee 
constituted under sub-section (1) of section 12] a copy of the draft bye-laws shall be sent by the Chief 
Inspector or Inspector to the Central Government for approval. 

(b) The Central Government may make such modification of the draft bye-laws as it thinks fit.  

(c)Before  the  Central  Government  approves  the  draft  bye-laws,  whether  with  or  without 
modifications,  there  shall  be  published,  in  such  manner  as  the  Central  Government  may  think  best 
adapted  for  informing  the  persons  affected,  notice  of  the  proposal  to  make  the  bye-laws  and  of  the 
place where copies of the draft bye-laws  may be obtained, and of the time (which shall not be less 
than  thirty  days)  within  which  any  objections  with  reference  to  the  draft  by-laws,  made  by  or  on 
behalf of persons affected should be sent to the Central Government. 

(d) Every objection shall be in writing and shall state— 

(i) the specific grounds of objections, and 

(ii) the omissions, additions or modifications asked for.  

(e) The Central Government shall consider any objection made within the required time by or on 
behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in 
which they were published or after making such amendments thereto as it thinks fit. 

(5) The bye-laws, when so approved by the Central Government, shall have effect as if enacted in 
this Act, and the owner, agent or manager of the mine shall cause a copy of the bye-laws, in English 
and in such other language or languages as may be prescribed, to be posted up in some conspicuous 
place  at  or  near  the  mine,  where  the  bye-laws  may  be  conveniently  read  or  seen  by  the  persons 
employed; and as often as the same become defaced, obliterated or destroyed, shall cause them to be 
renewed with all reasonable despatch. 

(6) The Central Government may, by order in writing rescind, in whole or in part, any bye-law so 

made, and thereupon such bye-law shall cease to have effect accordingly. 

2[61A.Laying  regulations,  rules  and  bye-laws  before  parliament.—Every  regulation  made 
under section 57, every rule made under section 58 and every bye-law made under section 61 shall be 
laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a 
total  period  of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more  successive 

1. Subs. by Act 42 of 1983, s. 34, for certain words (w.e.f. 31-5-1984).   
2. Ins. by s. 35, ibid. (w.e.f. 31-5-1984). 

33 

 
                                                      
 
sessions, and if, before the expiry of the session immediately following the session or the successive 
sessions aforesaid, both Houses agree in making any modification in the regulation, rule or bye-law or 
both Houses agree that the regulation, rule or bye-law should not be made, the regulation, rule or bye-
law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 
however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that regulation, rule or bye-law, as the case may be.] 

62.Posting up of abstracts from Act, regulations,etc.—There shall be kept posted up at or near 
every Mine in English and in such other language or languages as may be prescribed, the prescribed 
abstracts of the Act and of the regulations and rules. 

CHAPTER IX 

PENALTIES AND PROCEDURE 

63.Obstruction.—(1)Whoever  obstructs  the  Chief  Inspector,  an  Inspector,  or  any  person 
authorised under section 8 in the discharge of his dutiesunder this Act, or refuses or wilfully neglects 
to afford the Chief Inspector, Inspector or such person any reasonable facility for making any entry, 
inspection,  examination  or  inquiry  authorised  by  or under  this  Act in relation to  any  mine,  shall be 
punishable with imprisonment for a term which may extend to three months, or with fine which may 
extend to five hundred rupees, or with both. 

(2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or 
other  documents  kept  in  pursuance  of this  Act, or  prevents  or  attempts to  prevent  or  does  anything 
which  he  has  reason  to  believe  to  be  likely  to  prevent  any  person  from  appearing  before  or  being 
examined by an inspecting officer acting in pursuance of his duties under this Act, shall be punishable 
with fine which may extend to three hundred rupees. 

64. Falsification of records, etc.—Whoever— 

(a) counterfeits, or knowingly makes a false statement in, any certificate, or any official copy 

of a certificate, granted under this Act, or 

(b) knowingly uses as true any such counterfeit or false certificate, or 

(c) makes or produces or uses any false declaration, statement or evidence knowing the same 
to be false, for the purpose of obtaining for himself or for any other person a certificate, or the 
renewal of a certificate, under this Act, or any employment in a mine, or 

1[(d) falsifies any plan, section, register or record, the maintenance of which is required by or 
under  this  Act  or  produces  before  any  authority  such  false  plan,  section,  register  or  record, 
knowing the same to be false, or] 

(e) makes, gives or delivers any plan, return, notice, record or report containing a statement, 

entry or detail which is not to the best of his knowledge or belief true, 

 shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  three  months,  or  with  fine 
which may extend to 2[one thousand rupees], or with both. 

65.Use  of  false  certificates  of  fitness.—Whoever  knowingly  uses  or  attempts  to  use  as  a 
certificate  of  fitness  granted  to  himself  under  3[section  43]  a  certificate  granted  to  another  person 
under  that  section,  or,  having  been  granted  a  certificate  of  fitness  to  himself  under  that  section, 
knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be 
punishable  with imprisonment for a  term  which  may  extend  to  one  month,  or  with fine  which  may 
extend to 4[two hundred] rupees, or with both. 

1. Subs. by Act 62 of 1959, s. 35, for clause (d) (w.e.f. 16-1-1960). 
2. Subs. by s. 35, ibid., for “five hundred rupees” (w.e.f. 16-1- 1960). 
3. Subs. by Act 42 of 1983, s.36, for “section 40” (w.e.f. 31-5-1984). 
4. Subs. by Act 62 of 1959, s. 36, for “fifty” (w.e.f. 16-1-1960). 
34 

 
                                                      
66.Omission to furnish plans, etc.—Any person who, without reasonable excuse the burden of 
proving which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or 
within the prescribed time any plan, 1[section,] return, notice, register, record or report required by or 
under  this  Act  to  be  made  or  furnished  shall  be  punishable  with  fine  which  may  extend  to  2[one 
thousand] rupees. 

67.Contravention  of  provisions  regarding  employment  of  labour.—Whoever,  save  as 
permitted by section 38, contravenes any provision of this Act or of any regulation, rule or bye-law or 
of  any  order  made  thereunder  prohibiting,  restricting  or  regulating  the  employment  or  presence  of 
persons  in  or  about  a  mine  shall  be  punishable  with imprisonment  for  a  term  which  may  extend  to 
three months, or with fine which may extend to 3[one thousand] rupees, or with both 4***. 

5[68.  Penalty  for  employment  of  persons  below  eighteen  years  of  age.—If  a  person  below 
eighteen  years  of  age  is  employed  in  a  mine  in  contravention  of  section  40,  the  owner,  agent  or 
manager of such mine shall be punishable with fine which may extend to five hundred rupees.] 

69.Failure to appoint manager.—Whoever in contravention of the provisions of section 17, fails 
to  appoint  a  manager  shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  three 
months, or with fine which may extend to 6[two thousand and five hundred] rupees, or with both 7*** 
7*** 

70.  Notice  of  accidents.—(1)Whoever  in  contravention  of  the  provision  of  sub-section  (1)of 
section  23  fails  to  give  notice  of  any  accidental  occurrence  or  to  post  a  copy  of  the  notice  on  the 
special notice board referred to in that sub-section and to keep it therefor the period specified shall be 
punishable with imprisonment for a term which may extend to three months, or with fine which may 
extend to five hundred rupees, or with both. 

(2)Whoever  in  contravention  of  a  direction  made  by  the  Central  Government  under  
sub-section  (3)  of  section  23  fails  to  record  in  the  prescribed  register  or  to  give  notice  of  any 
accidental occurrence shall  be  punishable  with  imprisonment  for  a term  which may  extend  to three 
months, or with fine which may extend to five hundred rupees, or with both. 

71.Owner,  etc.,to  report  to  Chief  Inspector  in  certain  cases.—  Where  the  owner,  agent  or 
manager  of  a  mine,  as  the  case  may  be,  has  taken  proceedings  under  this  Act  against  any  person 
employed in or about a mine in respect of an offence under this Act, he shall within twenty-one days 
from the date of the judgment or order of the court report the result thereof to the Chief Inspector. 

72.Obligation of persons employed in a mine.—No person employed in a mine shall— 

(a) wilfully interfere with or misuse any appliance, convenience or other thing provided in a 

mine for the purpose of securing the health, safety or welfare of the persons employed therein; 

(b) wilfully and without reasonable cause do anything likely to endanger himself or others; 

(c) wilfully neglect to make use of any appliance or other thing provided in the mine for the 

purpose of securing the health or safety of the persons employed therein.  
8[72A.Special Provision for contravention of certain regulations.—Whoever contravenes any 
provision of any regulation or of any bye-law or of, any order made thereunder, relating to matters 
specified in clauses (d), (i), (m), (n), (o), (p), (r), (s) and (u) of section 57 shall be punishable with 

1. Ins. by Act 62 of 1959, s. 37 (w.e.f. 16-1-1960). 
2. Subs. by s. 37, ibid., for “two hundred” (w.e.f. 16-1-1960). 
3. Subs. by s. 38, ibid., for “five hundred” (w.e.f. 16-1-1960). 
4. Certain words omitted by s. 38, ibid. (w.e.f. 16-1-1960). 
5. Subs. by Act 42 of 1983, s. 37, for section 68 (w.e.f. 31-5-1984). 
6. Subs. by Act 62 of 1959, s. 39, for “five hundred” (w.e.f. 16-1-1960). 
7. Certain words omitted by s. 39, ibid. (w.e.f. 16-1-1960]. 
8. Subs. by s. 40, ibid., for sections 73 and 74 (w.e.f. 16-1-1960). 
35 

 
                                                      
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  two 
thousand rupees, or with both.  

72B. Special provision for contravention of orders under section 22.—Whoever continues to 
work  a  mine  in  contravention  of  any  order  issued  under  sub-section  (lA),  sub-section  (2)  or  sub-
section (3)of section 22 1[or under section (2) of section 22A] shall be punishable with imprisonment 
for  a  term  which  may  extend  two  years,  and  shall  also  be  liable  to  fine  which  may  extend  to  five 
thousand rupees:  

1[Provided that in the absence of special and adequate reasons to the contrary to be recorded in 

writing in the judgment of the court such fine shall not be less than two thousand rupees.] 

72C.  Special  provision  for  contravention  of  law  with  dangerous  results.—(1)Whoever 
contravenes  any  provision  of  this  Act  or  of  any  regulation,  rule  or  bye-law  or  of  any  order  made 
thereunder [other than an order made under sub-section (lA) or sub-section (2) or sub-section (3) of 
section 22 2[or under sub-section (2)of section 22A]], shall be punishable— 

(a) if such contravention results in loss of life, with imprisonment which may extend to two 

years, or with fine which may extend to five thousand rupees, or with both; or  

(b)  if  such  contravention  results  in  serious  bodily  injury,  with  imprisonment  which  may 

extend to one year, or with fine which may extend to three thousand rupees, or with both; or  

(c) if such contravention otherwise causes injury or danger to persons employed in the mine 
or other persons in or about the mine, with imprisonment which may extend to three months, or 
with fine which may extend to one thousand rupees, or with both: 
2[Provided that in the absence of special and adequate reasons to the contrary to be recorded in 
writing in the judgment of the court, such fine in the case of a contravention referred to in clause (a) 
shall not be less than three thousand rupees.] 

(2)  Where  a  person  having  been  convicted  under  this  section  is  again  convicted  thereunder,  he 

shall be punishable with double the punishment provided by sub-section (1). 

(3) Any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed 
under this section may, when passing judgment, order the whole or any part of the fine recovered to 
be paid as compensation to the person injured or, in the case of his death, to his legal representative:  

Provided that at if the fine is imposed in a case which is subject to appeal, no such payment shall 
be  made  before  the  period  allowed  for  presenting  the  appeal  has  elapsed,  or,  if  an  appeal  has  been 
presented, before the decision of the appeal. 

73.General provision for disobedience of orders.—Whoever contravenes any provision of this 
Act  or  of  any  regulation,  rule  or  bye-law  or  of  any  order  made  thereunder  for  the  contravention  of 
which no penalty is hereinbefore provided, shall be punishable with imprisonment for a term which 
may extend to three months, or with fine which may extend to one thousand rupees, or with both. 

74. Enhanced penalty after previous conviction.—If any person who has been convicted for an 
offence punishable under any of the foregoing provisions (other than sections 72B and 72C) is again 
convicted  for  an  offence  committed  within  two  years  of  the  previous  conviction  and  involving  a 
contravention  of  the  same  provision,  he  shall  be  punishable  for  each  subsequent  conviction  with 
double  the  punishment  to  which  he  would  have  been  liable  for  the  first  contravention  of  such 
provision.] 

75.  Prosecution  of owner,  agent  or manager.—No  prosecution shall  be instituted  against any 
owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector 
or of the district magistrate or of an Inspector authorised in this behalf by general or special order in 
writing by the Chief Inspector: 

1.Ins. by Act 42 of 1983, s. 38 (w.e.f.31-5-1984). 
2. Ins. by s.39, ibid. (w.e.f.31-5-1984). 

36 

 
                                                      
1[Provided  that  the  Chief  Inspector  or  the  district  magistrate  or  the  Inspector  as  so  authorised 
shall, before instituting such prosecution, satisfy himself that the owner, agent or manager had failed 
to exercise all due diligence to prevent the commission of such offence.] 

2[Provided further that] in respect of an offence committed in the course of the technical direction 
and management of a mine, the district magistrate shall not institute any prosecution against an owner, 
agent or manager without the previous approval of the Chief Inspector. 

3[76.Determination of owner in certain cases.—Where the owner of a mine is a firm or other 
association of individuals, all, or any of the partners or members thereof or where the owner of a mine 
is a company, all or any of the directors thereof or where the owner of a mine is a Government or any 
local authority, all or any of the officers or persons authorised by such Government or local authority, 
as the case may be, to manage the affairs of the mine, may be prosecuted and punished under this Act 
for any offence for which the owner of a mine is punishable: 

4[Provided  that  where  a  firm,  association  or  company  has  given  notice  in  writing  to  the  Chief 

Inspector that it has nominated,— 

 (a) in the case of a firm, any of its partners or managers; 

 (b) in the case of an association, any of its members or managers; 

 (c) in the case of a company, any of its directors or managers,  

who is resident, in each case in any place to which this Act extends and who is in each case either in 
fact in charge of the management of, or holds the largest number of shares in such firm, association or 
company,  to  assume  the  responsibility  of  the  owner  of  the  mine  for  the  purposes  of  this  Act,  such 
partner, member, director or manager, as the case may be, shall, so long as he continues to so reside 
and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the 
mine for the purposes of this Act unless a notice in writing cancelling his nomination or stating that he 
has  ceased  to  be  a  partner,  member,  director  or  manager,  as  the  may  be,  is  received  by  the  Chief 
Inspector. 

Explanation.—Where a firm, association or company has different establishments or branches or 
different units in any establishment or branch, different persons may be nominated under this proviso 
in  relation  to  different  establishments  or  branches  or  units  and  the  person  so  nominated  shall,  with 
respect  only  to  the  establishment,  branch  or  unit  in  relation  to  which  he  has  been  nominated,  be 
deemed to be the owner of the mine. ]] 

77.Exemption of owner,agent or manager from liability in certain cases.—Where the owner, 
agent or manager of a mine, accused of an offence under this Act, alleges that another person is the 
actual  offender,  he  shall  be  entitled,  upon  complaint  made  by  him  in  this  behalf  5[and  on  his 
furnishing  the  known  address  of  the  actual  offender]  and  on  giving  to  the  prosecutor  not  less  than 
three clear days notice in writing of his intention so to do, to have that other person brought before the 
court on the date appointed for the hearing of the case; and if, after the commission of the offence has 
been proved, the owner, agent or manager of the mine, as the case may be, proves to the satisfaction 
of the Court— 

(a) that he has used due diligence to enforce the execution of the relevant provision  of this 

Act, and 

(b) that the other person committed the offence in question without his knowledge, consent or 

connivance, 

1.  Ins. by Act 42 of 1983, s. 40 (w.e.f. 31-5-1984). 
2. Subs. by s. 40, ibid., for “Provided that” (w.e.f. 31-5-1984). 
3. Subs. by Act 62 of 1959, s. 41, for section 76 (w.e.f. 16-1-1960). 
4. Subs. by Act 42 of 1983, s. 41, for the proviso (w.e.f. 31-5-1984). 
5. Ins. by Act 62 of 1959, s. 42 (w.e.f. 16-1-1960). 

37 

 
                                                      
the said other person shall be convicted of the offence and shall be liable to the like punishment as if 
he were the owner, agent or manager of the mine, and the owner, agent or manager, as the case may 
be, shall be acquitted;  

Provided that— 

(a) the owner, agent or manager of the mine, as the case may be, may be examined on oath 
and  his  evidence  and  that  of  any  witness  whom  he  calls  in  support  shall  be  subject  to  cross-
examination by or on behalf of the person he alleges as the actual offender and by the prosecutor; 

(b)  if  in  spite  of  due  diligence  the  person  alleged  as  the  actual  offender  cannot  be  brought 
before  the  court  on  the  date  appointed  for  the  hearing  of  the  case,  the  court  shall  adjourn  the 
hearing thereof from time to time so however that the total period of such adjournments does not 
exceed three months, and if by the end of the said period the person alleged as the actual offender 
cannot  be  brought  before  the  court,  the  court  shall  proceed  to  hear  the  case  against  the  owner, 
agent or manager, as the case may be. 

78.  Power  of  Court  to  make  orders.—(1)  Where  the  owner,  agent  or  manager  of  a  mine  is 
convicted  of  an  offence  punishable  under  this  Act,  the  court  may,  in  addition  to  awarding  him  any 
punishment,  by  order  in  writing,  require  him  within  a  period  specified  in  the  order  (which  may  be 
extended by the court from time to time on application made in this behalf) to take such measures as 
may be so specified for remedying the matters in respect of which the offence was committed.  

(2)Where an order is made under sub-section (1), the owner, agent or manager of the mine, as the 
case may be, shall not be liable under this Act in respect of the continuance of the offence during the 
period or extended period, if any, but if on the expiry of such period or extended period the order of 
the court has not been fully complied with, the owner, agent or manager, as the case may be, shall be 
deemed  to  have  committed  a  further  offence  and  shall  be  punishable  with  imprisonment  for  a term 
which may extend to six months, or with fine which may extend to one hundred rupees for every day 
after such expiry on which the order has not been complied with, or with both. 

79.Limitation of prosecutions.—No Court shall take cognizance of any offence under this Act, 

unless complaint thereof has been made— 

(i) within six months of the date on which the offence is alleged to have been committed, or  

(ii) within six months of the date on which the alleged commission of the offence came to the 

knowledge of the Inspector,or  

1[(iia) in any case in which the accused is or was a public servant and previous sanction of the 
Central Government or of the State Government or of any other authority is necessary for taking 
cognizance of the offence under any law for the time being in force, within three months of the 
date on which such sanction is received by the Chief Inspector, or]  

(iii)  in  any  case  where  a  Court  of  inquiry  has  been  appointed  by  the  Central  Government 
under section 24, within  2[one year] after the date of the publication of the report referred to in 
sub-section (4) of that section,  

whichever is later.  

3[Explanation.—For the purposes of this section,— 

(a)  in  the  case  of  a  continuing  offence,  the  period  of  limitation  shall  be  computed  with 

reference to every point of time during which the offence continues; 

(b) where for the performance of any act time has been extended under this Act, the period of 

limitation shall be computed from the expiry of the extended period.] 

1. Ins. by Act 42 of 1983, s. 42 (w.e.f. 31-5-1984). 
2. Subs. by s. 42, ibid., for “six months” (w.e.f. 31-5-1984). 
3. The Explanation added by Act 62 of 1959, s. 43 (w.e.f. 16-1-1960). 

38 

 
                                                      
80.Cognizance of offences.—No Court inferior to that of a 1[Metropolitan Magistrate or Judicial 
Magistrate  of  the  first  class]  shall  try  any  offence  under  this  Act  which  is  alleged  to  have  been 
committed  by  any  owner,  agent  or  manager  of  a  mine  or  any  offence  which  is  by  this  Act  made 
punishable with imprisonment. 

80A.[Special  provision  regarding  fine.]Omitted  by  the  Mines  (Amendment)  Act,  1983  (42  of 

1983), s. 44 (w.e.f. 31-5-1984). 

81.Reference to Mining Board or Committee in lieu of prosecution in certain cases.—(1) If 
the Court trying any case instituted at the instance of the Chief Inspector or of the district magistrate 
or  of  an  Inspector  under  this  Act  is  of  opinion  that  the  case  is  one  which  should,  in  lieu  of  a 
prosecution,  be  referred  to  2***  a  Committee  it  may  stay  the  criminal  proceedings  and  report  the 
matter to the Central Government with a view to such reference being made. 

(2)  On  receipt  of  a  report  under  sub-section  (1),  the  Central  Government  may  refer  the  case  to 

2*** a Committee, or may direct the Court to proceed with the trial. 

CHAPTER X 

MISCELLANEOUS 

82.Decision of question whether a mine is under this Act.—If any question arises as to whether 
any  excavation  or  working  3[or  premises  in  or  adjacent  to  and  belonging  to  a  mine,  on  which  any 
process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried 
on] is a mine within the meaning of this Act, the Central Government may decide the question, and a 
certificate signed by a Secretary to the Central Government shall be conclusive on the point. 

83.  Power  to  exempt  from  operation  of  Act.—4[(1)]The  Central  Government  may,  by 
notification in the Official Gazette, exempt either absolutely or subject to any specified conditions any 
local area or any mine or group or class of mines or any part of a mine or any class of persons from 
the operation of  5[all or any of the provisions of this Act or the regulations, rules or bye-laws.]  

Provided  that  no  local  area  or  mine  or  group  or  class  of  mines  shall  be  exempted  from  the 
provisions  of  6[sections  40  and  45]  unless  it  is  also  exempted  from  the  operation  of  all  the  other 
provisions of this Act. 

7[(2) The Central Government may, by general or special order and subject to such restrictions as 
it may think fit to impose, authorise the Chief Inspector or any other authority to exempt, subject to 
any specified conditions, any mine or part thereof from the operation of any of the provisions of the 
8[regulations  rules  or  bye-laws]  if  the  Chief  Inspector  or  such  authority  is  of  opinion  that  the 
conditions  in  any  mine  or  part  thereof  are  such  as  to  render  compliance  with  such  provision 
unnecessary or impracticable.] 

84.Power  to  alter  or  rescind  orders.—9[(1)]  The  Central  Government  may  reverse  or  modify 

any order passed under this Act.  

1. Subs. by Act 42 of 1983, s. 43, for “presidency magistrate or magistrate of the first class” (w.e.f. 31-5-1984). 
2. The words “a Mining Board or” omitted by s. 45, ibid. (w.e.f. 31-5-1984).   
3. Ins. by Act 62 of 1959, s. 45 (w.e.f. 16-1-1960). 
4. Section 83 renumbered as sub-section (1) thereof by s. 46, ibid. (w.e.f. 16-1-1960). 
5. Subs. by Act 42 of 1983, s. 46, for “all or any of the provisions of this Act” (w.e.f. 31-5-1984).  
6. Subs. by s. 46, ibid., for “section 45” (w.e.f. 31-5-1984).   
7.  Ins. by Act 62 of 1959, s. 46 (w.e.f. 16-1-1960). 
8. Subs. by Act 42 of 1983, s. 46, for “regulations or rules under this Act” (w.e.f. 31-5-1984). 
9. Section 84 renumbered as sub-section (1) thereof by s. 47, ibid. (w.e.f. 31-5-1984). 

39 

 
 
 
                                                      
1[(2)The Chief Inspector may, for reasons to be recorded in writing, reverse or modify any order 

passed by him under the Act or under any regulation, rule or bye-law. 

(3) No order prejudicial to the owner, agent or manager of a mine shall be made under this section 
unless  such  owner,  agent  or  manager  has  been  given  a  reasonable  opportunity  of  making 
representation.] 

85.Application  of  Act  to  mines  belonging  to  Government.—This  Act  shall  2[also]  apply  to 

mines belonging to the Government. 

3[85A.Persons required to give notice, etc., legally bound to do so.— Every person required to 
give any notice or to furnish any information to any authority under this Act shall be legally bound to 
do so within the meaning of section 176 of the Indian Penal Code (45 of 1860).]  

4[85B.Signing of returns, notices, etc.—All returns and notices required to be furnished or given 
given  or  communications  sent  by  or  on  behalf  of  the  owner  of  a  mine  in  connection  with  the 
provisions of this Act or any regulation, rule, bye-law or any order made thereunder to whom power 
in this behalf has been delegated by the owner by a power of attorney. 

85C.No fee or charge to be realised for facilities and conveniences.—No fee or charge shall be 
realised from any person employed in a mine in respect of any protective arrangements or facilities to 
be provided, or any equipment or appliances to be supplied under the provisions of this Act.] 

86.Application  of  certain  provisions  of  Act  63  of  1948  to  mines.—The  Central  Government 
may, by notification in the Official Gazette, direct that the provisions of Chapters III and  IV of the 
Factories Act, 1948 (63 of 1948) shall, subject to such exceptions and restrictions as may be specified 
in the notification, apply to all mines and the precincts thereof. 

87.Protection  of  action  taken  in  good  faith.—No  suit,  prosecution  or  other  legal  proceeding 
whatever shall lie against any person for anything which is in good faith done or intended to be done 
under this Act. 

88. [Repeal of Act 4 of 1923.] Rep. by the Repealing and AmendingAct, 1957 (36 of 1957), s. 2 

and the First Schedule. 

1. Ins. by Act 42 of 1983, s. 47 (w.e.f. 31-5-1984). 
2.  Ins. by Act 62 of 1959, s. 47 (w.e.f. 16-1-1960). 
3. Ins. by s. 48, ibid. (w.e.f. 16-1-1960). 
4.  Ins. by Act 42 of 1983, s. 48 (w.e.f. 31-5-1984). 

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